Case 3:15-cv-03392-MAS-LHG Document 9 Filed 06/12/15 Page 1 of 7 PageID: 49
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`Civil Action Nos. 14-07869 (MAS)(LHG)
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`14-08082 (MAS)(LHG)
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`15-02631 (MAS)(LHG)
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`PRETRIAL
`SCHEDULING ORDER
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`Civil Action Nos. 14-08079 (MAS)(LHG)
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`15-02520 (MAS)(LHG)
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`Civil Action Nos. 14-08081 (MAS)(LHG)
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`15-02521 (MAS)(LHG)
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`Sanofi-Aventis U.S. LLC, AVENTIS
`PHARMA S.A. and SANOFI
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`Plaintiffs,
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`v.
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`Fresenius Kabi USA, LLC
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`Defendant.
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`Sanofi-Aventis U.S. LLC, AVENTIS
`PHARMA S.A. and SANOFI
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`Plaintiffs,
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`v.
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`Accord Healthcare, Inc.
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`Defendant.
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`Defendant.
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`Sanofi-Aventis U.S. LLC, AVENTIS
`PHARMA S.A. and SANOFI
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`Plaintiffs,
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`v.
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`BPI Labs, LLC et al.,
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`AVENTIS EXHIBIT 2141
`Mylan v. Aventis, IPR2016-00712
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`Case 3:15-cv-03392-MAS-LHG Document 9 Filed 06/12/15 Page 2 of 7 PageID: 50
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`Civil Action Nos. 15-00287 (MAS)(LHG)
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`15-01835 (MAS)(LHG)
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`Civil Action Nos. 15-00289 (MAS)(LHG)
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`15-01836 (MAS)(LHG)
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`Civil Action No. 15-00290 (MAS)(LHG)
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`15-03392 (MAS)(LHG)
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`Civil Action Nos. 15-00776 (MAS)(LHG)
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`15-03107 (MAS)(LHG)
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`Sanofi-Aventis U.S. LLC, AVENTIS
`PHARMA S.A. and SANOFI
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`Plaintiffs,
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`v.
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`Apotex Corp. et al.,
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`Defendants.
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`Sanofi-Aventis U.S. LLC, AVENTIS
`PHARMA S.A. and SANOFI
`Plaintiffs,
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`v.
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`Breckenridge Pharmaceutical, Inc.
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`Defendant.
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`Sanofi-Aventis U.S. LLC, AVENTIS
`PHARMA S.A. and SANOFI
`Plaintiffs,
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`v.
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`Onco Therapies Limited
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`Sanofi-Aventis U.S. LLC, AVENTIS
`PHARMA S.A. and SANOFI
`Plaintiffs,
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`v.
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`Actavis LLC et al.
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`Defendant.
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`Defendants.
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`These matters having come before the Court on May 8, 2015, for an initial conference,
`pursuant to Fed. R. Civ. P. 16; and the Court having considered the positions of the parties; and
`good cause having been shown;
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`2
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`Case 3:15-cv-03392-MAS-LHG Document 9 Filed 06/12/15 Page 3 of 7 PageID: 51
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`IT IS on this 12th day of June, 2015,
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`ORDERED THAT:
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`The following schedule shall apply to these matters which arise under 21 U.S.C. § 355
`(commonly referred to as “the Hatch-Waxman Act”) and involve Paragraph IV
`certifications:
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`1.
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`Activity
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`Plaintiffs to serve “Disclosure of Asserted
`Claims” pursuant L. Pat. R. 3.6(b)
`Exchange Initial Disclosures Pursuant to
`Rule 26(a)(1), Fed. R. Civ. P.
`Defendants to serve “Invalidity Contentions”
`pursuant to L. Pat. R. 3.6(c)-(d), which shall
`be accompanied by the production of
`documents required under L. Pat. R. 3.4
`Defendants shall serve “Noninfringement
`Contentions,” pursuant to L. Pat. R. 3.6(e),
`which shall be accompanied by the
`production of documents required under L.
`Pat. R. 3.6(f)
`Parties to submit Proposed Discovery
`Confidentiality Order pursuant to L. Pat. R.
`2.2
`Plaintiffs to serve “Disclosure of
`Infringement Contentions” pursuant to L.
`Pat. R. 3.6(g), which shall be accompanied
`by the production of documents required
`under L. Pat. R. 3.2
`Plaintiffs to serve “Responses to Invalidity
`Contentions,” pursuant to L. Pat. R. 3.6(i)
`and 3.4A, which shall be accompanied by the
`production of documents required under L.
`Pat. R. 3.4A(d)
`Parties to exchange claim terms to be
`construed pursuant to L. Pat. R. 4.1(a)1
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`Deadline
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`May 15, 2015
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`May 22, 2015
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`June 5, 2015
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`June 5, 2015
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`June 8, 2015
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`August 5, 2015
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`August 5, 2015
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`August 12, 2015
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`1 Following the initial exchange, and pursuant to L. Pat. R. 4.1(b), the parties shall meet and
`confer for the purposes of limiting the terms in dispute by narrowing or resolving differences and
`facilitating the ultimate preparation of the Joint Claim Construction and Prehearing Statement.
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`3
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`Case 3:15-cv-03392-MAS-LHG Document 9 Filed 06/12/15 Page 4 of 7 PageID: 52
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`September 2, 2015
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`September 16, 2015
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`October 2, 2015
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`November 2, 2015
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`November 24, 2015
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`December 16, 2015
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`December 20, 2015
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`January 20, 2016
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`February 3, 2016
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`Parties to simultaneously exchange
`“Preliminary Claim Constructions” and
`identification of supporting intrinsic and
`extrinsic evidence pursuant to L. Pat. R.
`4.2(a)-(b)
`Parties to exchange identification of intrinsic
`and extrinsic evidence in support of
`opposition to other party’s proposed
`constructions pursuant to L. Pat. R. 4.2(c) 2
`Parties to file Joint Claim Construction and
`Prehearing Statement pursuant to L. Pat.
`R.4.3
`Completion of all discovery, except expert
`witnesses, relating to claim construction
`pursuant to L. Pat. R. 4.4
`Parties to contemporaneously file Opening
`Markman Briefs and any evidence
`supporting claim construction, including
`experts’ certifications or declarations,
`pursuant to L. Pat. R. 4.5(a)3
`Completion of Expert Discovery Relating to
`Opening Markman Briefs pursuant to L. Pat.
`R. 4.5(b)
`Substantial completion of document
`production
`Parties to contemporaneously file
`Responsive Markman Briefs and any
`evidence supporting claim construction,
`including any responding experts’
`certifications or declarations, pursuant to L.
`Pat. R. 4.5(c)3
`Parties to submit proposed Claim
`Construction Hearing schedule pursuant to L.
`Pat. R. 4.6
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`2 Following the exchange, and pursuant to L. Pat. R. 4.2(d), the parties shall meet and confer for
`the purposes of narrowing the issues and finalizing the preparation of a Joint Claim Construction
`and Prehearing Statement.
`3 With respect to Markman claim construction submissions, defendants will attempt to coordinate
`their efforts to file joint Opening and Responsive briefs with respect to common issues to the
`extent possible, but reserve the right to file separate briefs regarding issues or positions specific
`to individual defendants to the extent such issues or positions differ from the other defendants.
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`4
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`Case 3:15-cv-03392-MAS-LHG Document 9 Filed 06/12/15 Page 5 of 7 PageID: 53
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`Tutorial: February 18, 2016 (1/2 day)
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`Hearing: February 23, 2016 (1 day)
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`Within 30 days after the Court’s entry
`of a claim construction order
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`May 4, 2016
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`June 1, 2016
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`July 27, 2016
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`September 14, 2016
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`October 12, 2016
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`January 18, 2017
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`Markman Hearing
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`Disclosure of reliance on advice of counsel
`as part of a patent-related claim or defense
`for any reason, pursuant to L. Pat. R. 3.8.
`Deadline for motion to amend pleadings or
`to join new parties with leave of the Court
`Close of Fact Discovery4
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`Parties to Exchange Affirmative Expert
`Reports, i.e. reports for which the party bears
`the burden of proof
`Parties to Exchange Rebuttal Expert Reports
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`Parties to Exchange Reply Expert Reports
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`Close of Expert Discovery
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`Dispositive Motions to be filed no later than5
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`February 10, 20176
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`Final Pretrial Order Submitted to the Court,
`with a hard copy provided to Chambers
`Final Pretrial Conference7
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`Motions In Limine
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`Trial
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`June 16, 2017
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`June 22, 2017 at 10 am
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`Filed: August 4, 2017
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`Oppositions: August 14, 2017
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`September 18, 2017
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`4 No discovery is to be issued or engaged in beyond that date, except upon application and for
`good cause shown.
`5 Counsel are to notify Chambers within five (5) days of a decision on any dispositive motions if
`the decision does not resolve all issues in the case.
`6 Dispositive motions are to be made returnable by March 20, 2017.
`7 Counsel should be prepared to discuss settlement of the case, and clients must be available by
`telephone.
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`5
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`Case 3:15-cv-03392-MAS-LHG Document 9 Filed 06/12/15 Page 6 of 7 PageID: 54
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`Deadline Extensions: As all dates set forth herein are established with the assistance and
`knowledge of the parties, there will be no extensions except for good cause shown and by
`leave of Court, even with consent of all parties.
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`Status Conferences: The Court may, from time to time, schedule conferences as may be
`required, either on its own motion or at the request of counsel. The first status conference
`will be held by telephone on August 18, 2015 at 11 am EDT with Plaintiffs’ Counsel
`initiating.
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`Coordination: The above captioned cases shall be coordinated for all pre-trial purposes.
`The parties are to file all papers on the lead case docket above (i.e., Case No. 14-07869
`(MAS)(LHG)) except for issues limited to a specific Defendant(s), which shall be filed
`only on the appropriate docket(s). The Clerk’s Office is instructed to incorporate the
`parties from the associated matters into the lead case for filing and notification purposes.
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`Disputes: Counsel shall meet and confer in an attempt to resolve any discovery or case
`management disputes before making such dispute the subject of an application to the
`Court. Any such dispute shall be brought to the Court’s attention by joint letter, no more
`than five pages in total, setting forth the nature of the dispute and any efforts to resolve it.
`Each issue shall be presented separately, stating the dispute followed by the response.
`Any joint letter must be submitted to the Court sufficiently in advance of any status
`conference. No discovery motion or motion for leave to amend will be entertained absent
`leave of Court and counsel’s full compliance with L. Civ. R. 37.1(a)(1); see also L. Civ.
`R. 16.1(f).
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`Motions to Seal: Any papers that are filed on the public docket that require a motion to
`seal must comply with L. Civ. R. 5.3. Additionally, the following process shall be used
`before filing any papers, except those relating to discovery disputes referred to in
`Paragraph 5 above, on the public docket:
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`a. At least 5 business days prior to filing the papers on the public docket, the party
`filing shall request an omnibus motion to seal from Chambers;
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`b. The parties must file all papers requiring sealing, including responses, replies,
`etc., with reference to the omnibus motion to seal issued by the Court;
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`c. After all papers have been filed, the parties must meet and confer to agree on the
`scope of a comprehensive motion to seal; and
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`d. The parties must cause to be filed a comprehensive motion to seal for all papers as
`required by L. Civ. R. 5.3, including a confidential submission to Chambers of a
`courtesy copy of the document sought to be sealed that is marked to indicate
`which portions are the subject of the motion.
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`6
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`2.
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`3.
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`4.
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`5.
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`6.
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`Case 3:15-cv-03392-MAS-LHG Document 9 Filed 06/12/15 Page 7 of 7 PageID: 55
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`Interrogatories: A maximum of 15 common interrogatories are permitted for
`towards all Defendants, and a maximum of 15 common
`Plaintiffs directed
`interrogatories are permitted for all Defendants directed towards Plaintiffs. No more
`than an additional 5 individual interrogatories are permitted for Plaintiffs directed
`toward each Defendant Family, and no more than an additional 5 individual
`interrogatories are permitted for each Defendant Family directed towards Plaintiffs.
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`Depositions: All of the Defendants collectively on one side shall be limited to a total of
`one hundred and twenty-five (125) hours of taking fact testimony of Plaintiffs by
`deposition upon oral examination. Plaintiffs on the other side shall be limited to a total of
`thirty-five (35) hours of taking fact testimony by deposition upon oral examination with
`respect to each Defendant Family.
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`a. These limitations do not apply to third-party fact depositions.
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`b. Each individual deposition shall be limited to a maximum of 7 hours, unless such
`maximum is increased by agreement of the parties or by order of the Court.
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`c. The parties agree that individual depositions of the inventors shall be limited to 12
`hours.
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`d. When an interpreter is required, each 1.5 hours of actual deposition time will
`count as one hour toward the total time permitted (e.g., the 7 hour individual limit
`would be extended to 10.5 hours and a 10.5 hour interpreted deposition would
`only count towards 7 of the 125 or 35 hour limit).
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`e. If an individually noticed deponent is also designated as a Rule 30(b)(6) witness,
`the Rule 30(b)(6) portion of that testimony shall not count towards the individual
`deposition time limit to the extent that the deponent has been designated to
`provide testimony that is unrelated to the deponent’s personal knowledge.
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`An original copy of any letter memoranda that is emailed to Chambers should not be
`mailed to Chambers, unless specifically advised otherwise. All proposed orders and letter
`memoranda emailed to Chambers should be in MS Word format and emailed to:
`lhg_orders@njd.uscourts.gov. Any filings with the Clerk of the Court should be in PDF
`format.
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`_________________________
`LOIS H. GOODMAN
`United States Magistrate Judge
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`7.
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`8.
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`9.