`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`
`
`
`
`
`
`Civil Action No. 21-16766 (MAS) (DEA)
`
`
`
`
`BAUSCH & LOMB, INC.;
`BAUSCH & LOMB IRELAND LIMITED;
`and EYE THERAPIES, LLC,
`
`
`Plaintiffs,
`
`
`
`v.
`
`SLAYBACK PHARMA LLC and
`SLAYBACK PHARMA INDIA LLP,
`
`
`
`
`
`
`
`Defendants.
`
`
`
`This matter having come before the Court during an initial scheduling conference on
`
`SCHEDULING ORDER
`
`February 10, 2022; and counsel for Plaintiffs Bausch & Lomb, Inc., Bausch & Lomb Ireland
`
`Limited, and Eye Therapies, LLC (collectively, “Plaintiffs”) and Defendants Slayback Pharma
`
`LLC and Slayback Pharma India LLP (collectively, “Defendants”) having prepared and agreed to
`
`this Scheduling Order:
`
`IT IS HEREBY ORDERED the parties’ proposed schedule is adopted as follows:
`
`EVENT
`
`Plaintiffs’ Disclosure of Asserted Claims pursuant to
`L. Pat. R. 3.6(b)
`
`Submission of Proposed Discovery Confidentiality Order
`
`Defendants’ Invalidity Contentions and accompanying
`production pursuant to L. Pat. R. 3.6(c)-(d)
`
`Defendants’ Non-Infringement Contentions and
`accompanying production pursuant to L. Pat. R. 3.6(e)-(f)
`
`
`DATE
`
`February 17, 2022
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`February 24, 2022
`
`March 14, 2022
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`March 14, 2022
`
`
`
`Case 3:21-cv-16766-MAS-DEA Document 15 Filed 02/15/22 Page 2 of 3 PageID: 93
`
`
`
`Deadline to add parties and/or amend pleadings
`
`Plaintiffs’ Disclosure of Asserted Claims and Infringement
`Contentions and accompanying production pursuant to
`L. Pat R. 3.6(g)-(h)
`
`Plaintiffs’ Response to Invalidity Contentions pursuant to
`L. Pat. R. 3.6(i)
`
`Exchange of Proposed Terms for Construction pursuant to
`L. Pat. R. 4.1(a); thereafter the Parties will meet and confer
`pursuant to L. Pat. R. 4.1(b)
`
`Exchange of Preliminary Claim Constructions and
`identification of evidence, pursuant to L. Pat. R. 4.2(a)-(b),
`including the name of any witness, including experts, and a
`description of that witness’ proposed testimony that includes
`a listing of any opinions to be rendered in connection with
`claim construction
`
`Exchange of identification of all intrinsic and
`extrinsic evidence for opposing proposed claim
`constructions, pursuant to L. Pat. R. 4.2(c); thereafter the
`Parties will meet and confer pursuant to L. Pat. R. 4.2(d)
`
`Telephonic Status Conference before the Honorable Douglas
`E. Arpert, U.S.M.J. (to be initiated by Plaintiffs’ counsel)
`
`Submit Joint Claim Construction and Prehearing Statement,
`pursuant to L. Pat. R. 4.3
`
`Completion of Claim Construction Discovery, pursuant to
`L. Pat. R. 4.4
`
`Opening Markman Submissions, pursuant to
`L. Pat. R. 4.5(a)
`
`Completion of Expert Discovery related to Claim
`Construction, pursuant to L. Pat. R. 4.5(b)
`
`Responding Markman Submissions pursuant to L. Pat. R.
`4.5(c), with any expert declarations limited to those experts
`who submitted an opening expert declaration pursuant to
`L. Pat. R. 4.5(a)
`
`
`March 15, 2022
`
`April 28, 2022
`
`April 28, 2022
`
`May 12, 2022
`
`June 2, 2022
`
`June 16, 2022
`
`June 27, 2022 at 10:30
`AM
`
`July 5, 2022
`
`August 4, 2022
`
`August 23, 2022
`
`September 22, 2022
`
`October 25, 2022
`
`
`
`Case 3:21-cv-16766-MAS-DEA Document 15 Filed 02/15/22 Page 3 of 3 PageID: 94
`
`Submission of proposed schedule for Claim Construction
`Hearing, pursuant to L. Pat. R. 4.6
`
`November 8, 2022
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`Substantial completion of document production
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`Close of fact discovery
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`Disclosure of reliance on advice of counsel
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`Exchange Opening Expert Reports on issues for which the
`party bears the burden of proof
`
`Exchange Rebuttal Expert Reports (including Plaintiffs’
`expert reports on any objective indicia of nonobviousness)
`
`Exchange Reply Expert Reports (including Defendants’
`responsive expert reports to Plaintiffs’ expert reports on any
`objective indicia of nonobviousness)
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`Close of Expert Discovery
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`Deadline to File Dispositive Motions
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`Submission of Proposed Joint Final Pretrial Order
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`Final Pretrial Conference
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`Sixty (60) days before
`close of fact discovery
`TBD by Court
`following Markman
`proceedings
`Thirty (30) days after
`entry of Court’s claim
`construction order
`Sixty (60) days after
`close of fact discovery
`
`Sixty (60) days after
`exchange of Opening
`Expert Reports
`Forty-five (45) days
`after exchange of
`Rebuttal Expert
`Reports
`Sixty (60) days after
`exchange of Reply
`Expert Reports
`Thirty (30) days after
`close of expert
`discovery
`TBD by Court
`
`TBD by Court
`
`Dated: February 15, 2022
`
`____________________________
` Hon. Douglas E. Arpert, U.S.M.J.
`
`
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