UNITED STATES INTERNATIONAL TRADE CONINIISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN PRE—FILLED SYRINGES FOR
`
`INTRAVITREAL INJECTION AND
`
`COMPONENTS THEREOF
`
`
`
`ORDER NO. 8:
`
`PROCEDURAL SCHEDULE
`
`(August 17, 2020)
`
`INV. NO. 337—TA—1207
`
`On August 12, 2020, the parties submitted a joint proposed procedural schedule in response to
`
`Order No. 6. This investigation shall be conducted in accordance with the following schedule:
`
`“—
`
`Monthly case management conference
`
`Exchange list of claim terms to be construed
`
`Exchange proposed constructions for all terms and all lists
`
`Deadline for responses to initial contention interrogatories
`on issues for which the party bears the burden of proof
`
` File chart of agreed and disputed constructions
`
`Monthly case management conference
`
`Deadline for responses to initial contention interrogatories
`on issues for which the party does not bear the burden of
`proof
`
`File notice of prior art
`
`September 16, 2020
`
`at 1:30 p.m.
`
`September 17, 2020
`
`October 1, 2020
`
`October 2, 2020
`
`October 9, 2020
`
`October 14, 2020
`at 1:30 p.m.
`
`October 21, 2020
`
`October 21, 2020
`
`
`
`Novartis Exhibit 2002.001
`
`Regeneron V. Novartis, IPR2020-013 17
`
`Novartis Exhibit 2002.001
`Regeneron v. Novartis, IPR2020-01317
`
`
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN PRE—FILLED SYRINGES FOR
`
`INTRAVITREAL INJECTION AND
`
`COMPONENTS THEREOF
`
`
`
`ORDER NO. 8:
`
`PROCEDURAL SCHEDULE
`
`(August 17, 2020)
`
`INV. NO. 337—TA—1207
`
`On August 12, 2020, the parties submitted a joint proposed procedural schedule in response to
`
`Order No. 6. This investigation shall be conducted in accordance with the following schedule:
`
`“—
`
`Monthly case management conference
`
`Exchange list of claim terms to be construed
`
`Exchange proposed constructions for all terms and all lists
`
`Deadline for responses to initial contention interrogatories
`on issues for which the party bears the burden of proof
`
` File chart of agreed and disputed constructions
`
`Monthly case management conference
`
`Deadline for responses to initial contention interrogatories
`on issues for which the party does not bear the burden of
`proof
`
`File notice of prior art
`
`September 16, 2020
`
`at 1:30 p.m.
`
`September 17, 2020
`
`October 1, 2020
`
`October 2, 2020
`
`October 9, 2020
`
`October 14, 2020
`at 1:30 p.m.
`
`October 21, 2020
`
`October 21, 2020
`
`
`
`Novartis Exhibit 2002.001
`
`Regeneron V. Novartis, IPR2020-013 17
`
`Novartis Exhibit 2002.001
`Regeneron v. Novartis, IPR2020-01317
`
`
`
`File identification of expert witnesses who may submit a
`declaration in support of Markman briefs, including their
`expertise and curriculum vitae
`
`File opening claim construction briefs (private parties),
`including declarations from any expert witnesses
`
`Monthly case management conference
`
`File identification of expert witnesses who may testify at
`the evidentiary hearing, including their expertise and
`curriculum vitae
`
`File opening claim construction briefs (Staff)
`
`File tentative list of witnesses a party will call to testify at
`the hearing, with an identification of each witness’s
`relationship to the party
`
`File responsive claim construction briefs (private parties),
`including declarations from any expert witnesses
`
`Markman claim construction hearing & monthly case
`management conference
`
`Fact discovery cutoff and completion
`
`Deadline for final contentions on issues for which the
`party bears the burden of proof
`
`Deadline for final contentions on issues for which the
`party does not bear the burden of proof
`
`Deadline for motions to compel discovery
`
`Monthly case management conference
`
`Exchange initial expert reports (identify
`tests/surveys/data)
`
`Exchange rebuttal expert reports
`
`One-day mediation session
`
`Expert discovery cutoff and completion
`
`2
`
`
`November 2, 2020
`
`November 10, 2020
`
`November 10, 2020
`at 10:30 a.m.
`
`November 13, 2020
`
`November 17, 2020
`
`November 20, 2020
`
`November 24, 2020
`
`December 10, 2020
`at 9:00 a.m.
`
`December 18, 2020
`
`December 18, 2020
`
`December 18, 2020
`
`December 22, 2020
`
`January 14, 2021
`at 10:30 a.m.
`
`January 15, 2021
`
`January 29, 2021
`
`By February 10, 2021
`
`February 12, 2021
`
`Novartis Exhibit 2002.002
`Regeneron v. Novartis, IPR2020-01317
`
`
`
`Submit joint report on mediation
`
`Monthly case management conference
`
`Deadline for filing summary determination motions
`
`Exchange of exhibit lists among the parties of proposed
`direct exhibits
`
`Complainant and respondent serve proposed direct
`exhibits, and identify physical exhibits1
`
`Staff serves proposed direct exhibits, and identifies
`physical exhibits
`
`Serve proposed rebuttal exhibits, and identify rebuttal
`physical exhibits
`
`Complainants and respondent file pre-trial statements and
`briefs
`
`Monthly case management conference
`
`Staff files pre-trial statement and brief
`
`File joint list of unopposed exhibits
`
`Deadline for motions in limine
`
`Deadline for responses to motions in limine
`
`Final pre-hearing conference
`
`Hearing
`
`File final exhibit list
`
`Complainant and respondent file post-hearing initial briefs
`with the Secretary and submit final exhibits with the
`Administrative Law Judge
`
`February 16, 2021
`
`February 18, 2021
`at 10:30 a.m.
`
`February 18, 2021
`
`February 23, 2021
`
`March 2, 2021
`
`March 5, 2021
`
`March 9, 2021
`
`March 12, 2021
`
`March 18, 2021
`at 10:30 a.m.
`
`March 26, 2021
`
`March 23, 2021
`
`March 31, 2021
`
`April 8, 2021
`
`April 16, 2021 at 9:00 a.m.
`
`April 19-23, 2021 at 9:00 a.m.
`
`April 29, 2021
`
`May 14, 2021
`
`Staff files post-hearing initial brief
`
`May 21, 2021
`
`
`1 The parties represent they will separately stipulate as to a schedule for exchanging direct and
`rebuttal demonstratives and objections in the event of live testimony at the evidentiary hearing.
`3
`
`
`Novartis Exhibit 2002.003
`Regeneron v. Novartis, IPR2020-01317
`
`
`
`Complainant and respondent file post-hearing responsive
`briefs
`
`Staff files post-hearing responsive brief
`
`Final initial determination
`
`May 28, 2021
`
`June 4, 2021
`
`July 29, 2021
`
`Target date for completion of investigation
`
`November 29, 2021
`
`
`
`
`
`
`
`SO ORDERED.
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`Novartis Exhibit 2002.004
`Regeneron v. Novartis, IPR2020-01317
`
`
`
`CERTAIN PRE-FILLED SYRINGES
`FOR INTRAVITREAL INJECTION
`AND COMPONENTS THEREOF
`
`Inv. No. 337-TA-1207
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served via EDIS
`upon the Commission Investigative Attorney, W. Peter Guarnieri, Esq., and the following
`parties as indicated, on August 17, 2020.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Novartis Pharma AG, Novartis
`Pharmaceuticals Corporation, and Novartis Technology LLC:
`
`Elizabeth J. Holland, Esq.
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`Email: EHolland@goodwinlaw.com
`
`On Behalf of Respondent Regeneron Pharmaceuticals, Inc.:
`
`Anish R. Desai, Esq.
`WEIL, GOTSHAL & MANGES LLP
`767 5th Avenue
`New York, NY 10153
`Email: anish.desai@weil.com
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
`
`Novartis Exhibit 2002.005
`Regeneron v. Novartis, IPR2020-01317
`
`
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