throbber
Case 1:19-cv-00101-IMK Document 50 Filed 01/03/20 Page 1 of 3 PageID #: 695
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`AT CLARKSBURG
`
`
`v.
`
`
`
`
`
`
`
`
`C.A. No. 1:19-cv-00101 (IMK)
`
`
`MERCK SHARP & DOHME CORP.,
`
`
`Plaintiff,
`
`
`
`
`MYLAN PHARMACEUTICALS INC., and
`MYLAN INC.,
`
`
`
`
`
`
`Defendants.
`
`
`JOINT QUARTERLY STATUS REPORT
`
`Pursuant to this Court’s August 2, 2019 Order, the parties, by and through their
`
`undersigned counsel, jointly submit this Status Report.
`
`In re Sitagliptin MDL, 19-md-2902:
`
`On August 8, 2019, the Judicial Panel on Multidistrict Litigation issued a Transfer Order
`
`centralizing pretrial proceedings in this patent infringement litigation in the District of Delaware.
`
`Since transfer of the case to Delaware, the District of Delaware has entered a Scheduling Order
`
`on August 23, 2019 with the following key dates:
`
`Deadline / Event
`Date
`Feb. 14, 2020 Deadline to amend pleadings and join parties.
`Feb. 21, 2020 Deadline for substantial completion of document production.
`July 17, 2020 Deadline to file joint claim construction brief.
`Aug. 18, 2020 Claim construction hearing and status conference.
`Nov. 11, 2020 Close of fact discovery.
`July, 2 2021
`Close of expert discovery/expert depositions.
`July, 23 2021 Objections to expert testimony/Daubert motions due.
`TBD
`Deadline to file pretrial order.
`TBD
`Pre-trial conference.
`Dec. 13, 2021
`First day of three-day bench trial.
`
`
`1
`
`Merck Sharp & Dohme Corp. Exhibit 2019
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`Page 1
`
`

`

`Case 1:19-cv-00101-IMK Document 50 Filed 01/03/20 Page 2 of 3 PageID #: 696
`
`
`
`The parties have exchanged the required disclosures under the District of Delaware’s
`
`Default Standard for Discovery, Infringement Contentions, and Invalidity Contentions.
`
`Discovery remains ongoing.
`
`IPR2020-00040:
`
`On October 20, 2019, Mylan filed an Inter Partes Review Petition seeking cancellation
`
`of Claims 1–4, 17, 19, and 21–23 of U.S. Patent No. 7,326,708.
`
`
`
`
`
`Dated: January 3, 2020
`
`Respectfully submitted,
`
`SCHRADER COMPANION DUFF & LAW, PLLC
`
`/s/ James F. Companion
`James F. Companion (WV Bar #790)
`401 Main Street
`Wheeling, WV 26003
`(304) 233-3390
`jfc@schraderlaw.com
`
`Attorneys for Plaintiff
`Merck Sharp & Dohme Corp.
`
`OF COUNSEL:
`
`Bruce R. Genderson
`Jessamyn S. Berniker
`Stanley E. Fisher
`Alexander S. Zolan
`Shaun P. Mahaffy
`Anthony H. Sheh
`Jingyuan Luo
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`T: (202) 434-5000
`F: (202) 434-5029
`bgenderson@wc.com
`jberniker@wc.com
`
`
`
`
`
`
`
`
`
`STEPTOE & JOHNSON, PLLC
`
`/s/ William J. O’Brien
`William J. O’Brien
`400 White Oaks Blvd.
`Bridgeport, WV 26330
`Phone: (304) 933-8000
`william.obrien@steptoe-johnson.com
`
`
`
`
`
`
`
`
`
`2
`
`Merck Sharp & Dohme Corp. Exhibit 2019
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`Page 2
`
`

`

`Case 1:19-cv-00101-IMK Document 50 Filed 01/03/20 Page 3 of 3 PageID #: 697
`
`
`
`sfisher@wc.com
`azolan@wc.com
`smahaffy@wc.com
`asheh@wc.com
`jluo@wc.com
`
`
`
`
`
`
`
`
`
`
`
`3
`
`Merck Sharp & Dohme Corp. Exhibit 2019
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`Page 3
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket