Case 2:15-cv-01471-JRG-RSP Document 165 Filed 05/19/17 Page 1 of 4 PageID #: 3654
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`WARNER CHILCOTT COMPANY, LLC,
`AND QUALICAPS CO., LTD.,
`
`Civil Action No. 2:15-cv-1471-JRG-RSP
`
`Plaintiffs,
`
`LEAD CONSOLIDATED CASE
`
`
`
`v.
`
`TEVA PHARMACEUTICALS USA, INC.,
`
`Defendant.
`
`WARNER CHILCOTT COMPANY, LLC,
`AND QUALICAPS CO., LTD.,
`
`Civil Action No. 2:15-cv-1740-JRG-RSP
`
`Plaintiffs,
`
`
`
`v.
`
`MYLAN PHARMACEUTICALS, INC.,
`MYLAN LABORATORIES LIMITED,
`AND MYLAN, INC.,
`
`Defendants.
`
`AMENDED DOCKET CONTROL ORDER
`
`It is hereby ORDERED that the following schedule of deadlines is in effect until further
`
`order of this Court:
`
`Current
`Deadline(s)
`October 23,
`2017
`
`September 25,
`2017
`
`New
`Deadline(s)
`
`Event
`
`*Bench Trial – 9:00 a.m. in Marshall, Texas
`
`*Pretrial Conference – 9:00 a.m. in Marshall, Texas
`before Judge Roy Payne
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1027 - Page 1
`
`

`

`Case 2:15-cv-01471-JRG-RSP Document 165 Filed 05/19/17 Page 2 of 4 PageID #: 3655
`
`September 20,
`2017
`
`September 18,
`2017
`
`September 11,
`2017
`
`September 4,
`2017
`
`August 28, 2017
`
`August 14, 2017
`
`July 17, 2017
`
`June 30, 2017
`
`June 20, 2017
`
`June 12, 2017
`
`June 9, 2017
`
`*Notify Court of Agreements Reached During Meet and Confer
`
`The parties are ordered to meet and confer on any outstanding
`objections or motions in limine. The parties shall advise the Court of
`any agreements reached no later than 1:00 p.m. three (3) business
`days before the pretrial conference.
`
`*File Joint Pretrial Order, Findings of Facts and Conclusions of Law
`
`*File Notice of Request for Daily Transcript or Real Time
`Reporting.
`
`If a daily transcript or real time reporting of court proceedings is
`requested for trial, the party or parties making said request shall file
`a notice with the Court and e-mail the Court Reporter, Shelly
`Holmes, at shelly_holmes@txed.uscourts.gov.
`
`Serve Objections to Rebuttal Pretrial Disclosures
`
`Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
`Disclosures
`
`Serve Pretrial Disclosures (Witness List, Deposition Designations,
`and Exhibit List) by the Party with the Burden of Proof
`
`*File Dispositive Motions or Motions to Strike Expert Testimony
`(including Daubert Motions)
`
`No dispositive motion or motion to strike expert testimony
`(including a Daubert motion) may be filed after this date without
`leave of the Court.
`
`Deadline to Complete Expert Discovery
`
`Serve reply expert disclosures concerning Plaintiffs’ infringement
`position as to Teva.
`
`Serve rebuttal expert disclosures concerning Teva’s noninfringement
`position.
`
`Serve Disclosures for Reply Expert Witnesses (except reply expert
`disclosures concerning Plaintiffs’ infringement position as to Teva).
`With regard to disclosures concerning invalidity, Defendants will be
`limited to opinions concerning objective indicia of nonobviousness.
`Plaintiffs will be responsible for serving in this round disclosures
`regarding infringement.
`
`2
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1027 - Page 2
`
`

`

`Case 2:15-cv-01471-JRG-RSP Document 165 Filed 05/19/17 Page 3 of 4 PageID #: 3656
`
`May 26, 2017
`
`Serve Disclosures for Rebuttal Expert Witnesses (except rebuttal
`expert disclosures concerning Teva’s noninfringement position).
`Specifically, Plaintiffs will be responsible for serving in this round
`disclosures regarding validity, including objective indicia of
`nonobviousness. Defendants will be responsible for serving in this
`round disclosures regarding non-infringement.
`
`(*) indicates a deadline that cannot be changed without showing good cause. Good cause is not
`shown merely by indicating that the parties agree that the deadline should be changed.
`
`ADDITIONAL REQUIREMENTS
`
`Notice of Mediator: The parties are to jointly file a notice that identifies the agreed upon
`mediator or indicates that no agreement was reached. If the parties do not reach an agreement,
`the Court will appoint a mediator. The parties should not file a list of mediators to be considered
`by the Court.
`
`Indefiniteness: In lieu of early motions for summary judgment, the parties are directed
`to include any arguments related to the issue of indefiniteness in their Markman briefing, subject
`to the local rules’ normal page limits.
`
`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
`
`(a)
`
`(b)
`
`(c)
`
`The fact that there are motions for summary judgment or motions to dismiss pending;
`
`The fact that one or more of the attorneys is set for trial in another court on the same day,
`unless the other setting was made prior to the date of this order or was made as a special
`provision for the parties in the other case;
`
`The failure to complete discovery prior to trial, unless the parties can demonstrate that it
`was impossible to complete discovery despite their good faith effort to do so.
`
`Amendments to the Docket Control Order (“DCO”): Any motion to alter any date on
`the DCO shall take the form of a motion to amend the DCO. The motion to amend the DCO
`shall include a proposed order that lists all of the remaining dates in one column (as above) and
`the proposed changes to each date in an additional adjacent column (if there is no change for a
`date the proposed date column should remain blank or indicate that it is unchanged). In other
`words, the DCO in the proposed order should be complete such that one can clearly see all the
`remaining deadlines and the changes, if any, to those deadlines, rather than needing to also refer
`to an earlier version of the DCO.
`
`Proposed DCO: The Parties’ Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘DCO’).”
`
`3
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1027 - Page 3
`
`

`

`Case 2:15-cv-01471-JRG-RSP Document 165 Filed 05/19/17 Page 4 of 4 PageID #: 3657
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1027 - Page 4
`
`