Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 1 of 15 PageID #: 1039
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`AMARIN PHARMA, INC., AMARIN
`PHARMACEUTICALS IRELAND
`LIMITED, MOCHIDA
`PHARMACEUTICAL CO., LTD.,
`
`Plaintiffs,
`
`v.
`
`HIKMA PHARMACEUTICALS USA INC.,
`HIKMA PHARMACEUTICALS PLC, AND
`HEALTH NET, LLC,
`
`Defendants.
`
`C.A. No. 20-1630-RGA-JLH
`
`[PROPOSED] SCHEDULING ORDER
`May
`4
`This ___ day of _________, 2021, the Court having conducted an initial scheduling
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`conference pursuant to Federal Rule of Civil Procedure 16(b) and Local Rule 16.1(b), and the
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`parties having determined after discussion that the matter cannot be resolved at this juncture by
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`settlement, voluntary mediation, or binding arbitration;1
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`IT IS HEREBY ORDERED that:
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`1.
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`Rule 26(a)(l) Initial Disclosures and E-Discovery Default/Standard. The parties
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`shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) and
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`Paragraph 3 of the Court’s Default Standard for Discovery, Including Discovery of Electronically
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`Stored Information (the “Default Standard”) within five days of the date the Court enters this
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`Order. The parties have reviewed the Court’s Default Standard, which is posted at
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`1 Defendant Health Net, LLC submits this proposed scheduling order without prejudice to its
`pending motions to dismiss and to sever (D.I.. 30 and D.I. 32) and its request that the submission
`of the scheduling order be deferred until the determination of its motion to sever.
`
`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 1 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 2 of 15 PageID #: 1040
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`http://www.ded.uscourts.gov (see Other Resources, Default Standard for Discovery) and is
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`incorporated herein by reference.
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`2.
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`Joinder of Other Parties and Amendment of Pleadings. All motions to join other
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`parties, and to amend or supplement the pleadings, shall be filed on or before November 22,
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`2021. Unless otherwise ordered by the Court, any motion to join a party or motion to amend the
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`pleadings shall be made pursuant to the procedures set forth in Paragraphs 8(i) and 9.
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`3.
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`Application to Court for Protective Order. Should counsel find it will be necessary
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`to apply to the Court for a protective order specifying terms and conditions for the disclosure of
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`confidential information, counsel should confer and attempt to reach an agreement on a proposed
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`form of order and submit it to the Court by May 18, 2021. Should counsel be unable to reach an
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`agreement on a proposed form of order, counsel must follow the provisions of Paragraph 8(i) below.
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`Any proposed protective order must include the following paragraph:
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`Other Proceedings. By entering this order and limiting the disclosure
`of information in this case, the Court does not intend to preclude
`another court from finding that information may be relevant and
`subject to disclosure in another case. Any person or party subject to
`this order who becomes subject to a motion to disclose another
`party’s information designated “confidential” [the parties should list
`any other level of designation, such as “highly confidential,” which
`may be provided for in the protective order] pursuant to this order
`shall promptly notify that party of the motion so that the party may
`have an opportunity to appear and be heard on whether that
`information should be disclosed.
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`4.
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`Papers and Proceedings Under Seal. In accordance with Section G of the Revised
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`Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version
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`of any sealed document shall be filed electronically within seven days of the filing of the sealed
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`document.
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`Should any party intend to request to seal or redact all or any portion of a transcript of a
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`court proceeding (including a teleconference), such party should expressly note that intent at the
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`2
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 2 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 3 of 15 PageID #: 1041
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`start of the court proceeding. Should any party subsequently choose to make a request for sealing
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`or redaction, it must, promptly after the completion of the transcript, file with the Court a motion
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`for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted
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`so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of
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`the proposed redacted/sealed transcript. With their request, the party seeking redactions must
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`demonstrate why there is good cause for the redactions and why disclosures of the redacted
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`material would work a clearly defined and serious injury to the party seeking redaction.
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`5.
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`Courtesy Copies. The parties shall provide to the Court two courtesy copies of all
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`briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations,
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`affidavits, etc.). This provision also applies to papers filed under seal. All courtesy copies shall
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`be double-sided.
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`6.
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`ADR Process. Having discussed the ADR process during the scheduling
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`conference, the Court will schedule one or more teleconferences to discuss ADR with the parties
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`during the pendency of this case.
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`7.
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`Disclosures. Absent agreement among the parties, and approval of the Court:
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`(a)
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`By June 21, 2021, Plaintiffs2 shall identify the accused product(s),
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`including accused methods and systems, and their damages model (separately as to each
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`defendant), as well as the asserted patent(s) that the accused product(s) allegedly infringe(s).
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`Separately, with respect to each Defendant, Plaintiffs shall identify all acts by each respective
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`Defendant that Plaintiffs contend induce infringement of any asserted patent. Plaintiffs shall also
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`produce the file history for each asserted patent.
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`2 For purposes of this Scheduling Order, Plaintiff and Defendant are defined as set forth in the
`Default Standard for Discovery, Including Discovery of Electronically Stored Information
`(“ESI”), ¶ 4.
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`
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`3
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 3 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 4 of 15 PageID #: 1042
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`(b)
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`By July 19, 2021, Defendant Hikma shall produce core technical
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`documents related to the accused product(s), sufficient to show how the accused product(s) work(s),
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`including but not limited to non-publicly available operation manuals, product literature,
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`schematics, and specifications. Defendant Hikma shall also produce sales figures for the accused
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`product(s).
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`(c)
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`By August 30, 2021, Plaintiffs shall produce an initial claim chart relating
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`each known accused product to the asserted claims each such product allegedly infringes as well
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`as a chart identifying whether any Defendant induces infringement of that step and, if so, how.
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`(d)
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`By October 12, 2021, Defendants shall produce their initial invalidity
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`contentions for each asserted claim, as well as the known related invalidating references.
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`(e)
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`By June 20, 2022, Plaintiffs shall provide, separately for each Defendant,
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`final infringement contentions.
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`(f)
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`By July 19, 2022, Defendants shall provide final invalidity contentions.
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`8.
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`Discovery. Unless otherwise ordered by the Court or agreed to by the parties, the
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`limitations on discovery set forth in the Federal Rules and Local Rule 26.1 shall be observed.
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`(a)
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`Discovery Cut Off. All fact discovery in this case shall be initiated so that
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`it will be completed on or before August 18, 2022.
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`(b)
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`Document Production. Document production shall be substantially
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`complete by May 20, 2022. [Health Net’s Position: Plaintiff must indicate which documents it
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`contends are relevant to its claims against Health Net within 30 days of this deadline. For any
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`documents produced after this deadline, Plaintiff must indicate which documents it contends are
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`relevant to its claims against Health Net within 10 days of any such production.] [Plaintiffs’
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`Position: There is no need to treat Hikma and Health Net any differently with respect to document
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`4
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 4 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 5 of 15 PageID #: 1043
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`production, and Plaintiffs should not be required to provide additional information to Health Net
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`that is over and above what is required by the Federal Rules.]
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`(c)
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`Requests for Admission. Plaintiffs may serve up to 40 requests for
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`admission on each Defendant Group.3 Each Defendant Group may serve up to 40 individual
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`requests for admission on Plaintiffs.
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`(d)
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`There is no limit on the number of requests for admission the parties may
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`serve to establish the authenticity of documents.
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`(e)
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`Interrogatories.
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`
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`Plaintiffs may serve up to 10 common interrogatories on
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`Defendants, to which each Defendant Group will respond separately. Additionally, Plaintiffs may
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`serve up to 15 additional individual interrogatories on each Defendant Group. Defendants may
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`serve up to 10 common interrogatories on Plaintiffs. Additionally, each Defendant Group may
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`serve up to 15 additional individual interrogatories on Plaintiffs.
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`
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`The Court encourages the parties to serve and respond to contention
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`interrogatories early in the case. In the absence of agreement among the parties, contention
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`interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy
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`of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more
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`detail a party provides, the more detail a party shall receive).
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`(f)
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`Depositions.
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`
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`Limitation on Hours for Deposition discovery. Plaintiffs may take
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`35 hours of party, third party, and Rule 30(b)(6) deposition testimony per Defendant Group, plus
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`3 Hikma (collectively, Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals PLC) and
`Health Net, LLC are each a separate Defendant Group. Each Defendant Group shall be considered
`as a single “party” to this action.
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`
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`5
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 5 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 6 of 15 PageID #: 1044
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`an additional hour for each hour of any deposition for which a translator is needed. Defendants
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`may collectively take 70 hours of party, third party, and Rule 30(b)(6) testimony, plus an additional
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`hour for each hour of any deposition for which a translator is needed. All depositions shall be
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`limited in accordance with Fed. R. Civ. P. 30 to 1 day of 7 hours per witness (or 2 days for a total
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`of 14 hours if a translator is needed). No deposition shall count for less than 3 hours against the
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`hours limit.
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`
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`Location of Depositions. Any party or representative (officer,
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`director, or managing agent) of a party filing a civil action in this Court must ordinarily be required,
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`upon request, to submit to a deposition at a place designated within this district. Exceptions to this
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`general rule may be made by order of the Court. A defendant who becomes a counterclaimant,
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`cross-claimant, or third-party plaintiff shall be considered as having filed an action in this Court.
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`
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`[Health Net’s Position: Depositions Relating to Health Net. Seven
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`(7) days prior to any deposition of any witness other than any Health Net employee or agent,
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`Plaintiffs shall inform Health Net whether they believe any part of the deposition will relate to any
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`claim relating to Health Net and whether they reserve the right to use any information obtained in
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`such deposition against Health Net. Plaintiffs will also provide Health Net with a description of
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`what category of information they believe may relate to any claim relating to Health Net and
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`identify any documents that they intend to use at the deposition for which they reserve the right to
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`use with respect to any claim relating to Health Net. Plaintiffs’ responses to discovery requests
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`served by Hikma, even if served on Health Net, shall not be considered as providing notice to
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`Health Net of Plaintiffs’ position with respect to any claim relating to Health Net.] [Plaintiffs’
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`Position: There is no need to treat Hikma and Health Net any differently with respect to
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`
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`6
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 6 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 7 of 15 PageID #: 1045
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`depositions, and Plaintiffs should not be required to provide additional information to Health Net
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`that is over and above what is required by the Federal Rules.]
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`(g)
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`Disclosure of Expert Testimony.
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`
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`Expert Reports. For the party who has the initial burden of proof on
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`the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert
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`testimony is due on or before September 19, 2022. The supplemental disclosure to contradict or
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`rebut evidence on the same matter identified by another party is due on or before October 17,
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`2022. Objective indicia of non-obviousness, if any, will be addressed in the first instance in
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`Plaintiffs’ rebuttal expert reports. Reply expert reports from the party with the initial burden of
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`proof are due on or before November 16, 2022. No other expert reports will be permitted without
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`either the consent of all parties or leave of the Court. Along with the submissions of the expert
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`reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
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`All expert discovery shall be completed by December 16, 2022.
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`
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`Expert Report Supplementation. The parties agree they will not
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`permit expert declarations to be filed in connection with motions briefing (excluding claim
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`construction and case-dispositive motions).
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`(h)
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`Objections to Expert Testimony. To the extent any objection to expert
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`testimony is made pursuant to the principles announced in Daubert v. Merrell Dow
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`Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it
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`shall be made by motion no later than twenty-one days after the close of expert discovery, unless
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`otherwise ordered by the Court. Briefing on such motions is subject to the page limits set out in
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`connection with briefing of case dispositive motions.
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`
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`7
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 7 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 8 of 15 PageID #: 1046
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`(i)
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`Discovery Matters and Disputes Relating to Protective Orders.
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`
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`Any discovery motion filed without first complying with the
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`following procedures will be denied without prejudice to renew pursuant to these procedures.
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`
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`Should counsel find, after good faith efforts—including verbal
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`communication among Delaware and Lead Counsel for all parties to the dispute—that they are
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`unable to resolve a discovery matter or a dispute regarding a protective order, the moving party
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`(i.e., the party seeking relief from the Court) should file a “Motion for Teleconference To Resolve
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`[Discovery/Protective Order] Disputes.” The suggested text for this motion can be found in
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`Magistrate Judge Hall’s section of the Court’s website, in the “Forms” tab.
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`
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`The Court will thereafter order a discovery telephone conference
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`and deadlines for submissions. On the date set by court order, generally not less than seventy-two
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`hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file
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`with the Court a letter, not to exceed three pages, outlining the issues in dispute and their position
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`on those issues. This submission shall include: (1) a proposed order, attached as an exhibit, setting
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`out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to
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`certain discovery requests, an attached exhibit (or exhibits) containing the requests and the
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`responses in dispute. On the date set by court order, generally not less than forty-eight hours prior
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`to the conference (excluding weekends and holidays), any party opposing the application for relief
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`may file a letter, not to exceed three pages, outlining that party’s reasons for their opposition.
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`
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`Each party shall submit two courtesy copies of its letter and any other
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`document filed in support to the Clerk’s Office within one hour of e-filing. All courtesy copies
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`shall be double-sided.
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`
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`8
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 8 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 9 of 15 PageID #: 1047
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`
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`Should the Court find further briefing necessary upon conclusion of
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`the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute
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`prior to the conference and cancel the conference.
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`
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`Service and Timing. The parties consent to service by email, in
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`accordance with Federal Rule of Civil Procedure 5(b)(2)(E).
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`9.
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`Motions to Amend / Motions to Strike.
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`(a)
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`Any motion to amend (including a motion for leave to amend) a pleading
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`or any motion to strike any pleading shall be made pursuant to the discovery dispute procedure set
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`forth in Paragraph 8(i), above.
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`(b)
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`Any motion to amend shall attach the proposed amended pleading as well
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`as a “blackline” comparison to the prior pleading. Any motion to strike shall attach the document
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`sought to be stricken.
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`10.
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`Claim Construction Issue Identification. On October 25, 2021, the parties shall
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`exchange a list of those claim term(s)/phrase(s) that they believe need construction. On November
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`8, 2021, the parties shall exchange their proposed claim construction of those term(s)/phrase(s).
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`These documents will not be filed with the Court. Subsequent to exchanging that list, the parties
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`will meet and confer to prepare a Joint Claim Construction Chart to be filed on November 15,
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`2021. The parties’ Joint Claim Construction Chart should identify for the Court the
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`term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction
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`of the disputed claim language with citation(s) only to the intrinsic evidence in support of their
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`respective proposed constructions. A copy of the patent(s) in issue as well as those portions of the
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`intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In this
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`joint submission, the parties shall not provide argument.
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`
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`9
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 9 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 10 of 15 PageID #: 1048
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`11.
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`Claim Construction Briefing. The Plaintiffs shall serve, but not file, their opening
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`brief, not to exceed 20 pages, on December 20, 2021. The Defendants (or Defendant Group if a
`**
`different position is advanced) shall serve, but not file, their answering brief, not to exceed 30
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`pages, on January 19, 2022. The parties shall complete any expert claim construction discovery
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`by January 26, 2022. The Plaintiffs shall serve, but not file, their reply brief, not to exceed 20
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`pages, on February 2, 2022. The Defendants or, if applicable, each Defendant Group, shall serve,
`****
`but not file, their sur-reply brief, not to exceed 10 pages, on February 16, 2022. No later than
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`February 23, 2022, the parties shall file a Joint Claim Construction Brief. The parties shall copy
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`and paste their unfiled briefs into one brief, with their positions on each claim term in sequential
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`order, in substantially the form below.
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`JOINT CLAIM CONSTRUCTION BRIEF
`
`I.
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`II.
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`Agreed-Upon Constructions
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`Disputed Constructions
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`[TERM 1]
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`1. Plaintiffs’ Opening Position
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`2. Defendants’ Answering Position
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`3. Plaintiffs’ Reply Position
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`4. Defendants’ Sur-Reply Position
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`[TERM 2]
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`1. Plaintiffs’ Opening Position
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`2. Defendants’ Answering Position
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`3. Plaintiffs’ Reply Position
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`4. Defendants’ Sur-Reply Position
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`**The total number of pages shall remain 30.
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`10
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`****The total number of pages shall remain 10.
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 10 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 11 of 15 PageID #: 1049
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`The parties need not include any general summaries of the law relating to claim construction.
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`If there are any materials that would be submitted in an index, the parties shall submit them in a
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`Joint Appendix.
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`1:00 p.m. on March 30, 2022
`Hearing on Claim Construction. Beginning at the Court’s convenience during the
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`12.
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`week of March 14, 2022, the Court will hear argument on claim construction. The parties need
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`not include any general summaries of the law relating to claim construction in their presentations to
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`the Court. The parties shall notify the Court, by joint letter submission, no later than the date on
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`which their joint claim construction brief is filed (i) whether they request leave to present testimony
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`at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.
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`Provided that the parties comply with all portions of this Scheduling Order, and any other
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`orders of the Court, the parties should anticipate that the Court will issue its claim construction
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`order within sixty days of the conclusion of the claim construction hearing. If the Court is unable
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`to meet this goal, it will advise the parties no later than sixty days after the conclusion of the claim
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`construction hearing.
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`13.
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`Supplementation. Absent agreement among the parties, and approval of the Court,
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`no later than June 3, 2022, the parties must finally supplement, inter alia, the identification of all
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`accused products and of all invalidity references.
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`14.
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`Interim Status Report. On March 31, 2022, counsel shall submit a joint letter to the
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`Court with an interim report on the nature of the matters in issue and the progress of discovery to
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`date. Thereafter, if the Court deems it necessary, it will schedule a status conference.
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`15.
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`Case Dispositive Motions.
`
`(a)
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`All case dispositive motions, an opening brief, and affidavits, if any, in
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`support of the motion shall be served and filed on or before March 30, 2023. Briefing will be
`
`11
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 11 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 12 of 15 PageID #: 1050
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`presented pursuant to the Court’s Local Rules. No case dispositive motion under Rule 56 may be
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`filed more than ten days before the above date without leave of the Court. Oppositions to
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`dispositive motions shall be served and filed on or before May 1, 2023. Replies in support of
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`dispositive motions shall be served and filed on or before May 29, 2023.
`
`(b)
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`Concise Statement of Facts Requirement. Any motion for summary
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`judgment shall be accompanied by a separate concise statement, not to exceed six pages, which
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`details each material fact that the moving party contends is essential for the Court’s resolution of
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`the summary judgment motion (not the entire case) and as to which the moving party contends
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`there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph
`
`and shall be supported by specific citation(s) to the record.
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`Any party opposing the motion shall include with its opposing papers a response to
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`the moving party’s concise statement, not to exceed six pages, which admits or disputes the facts
`
`set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent
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`a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record.
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`Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate
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`that fact is not in dispute for purposes of summary judgment. The party opposing the motion may
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`also include with its opposing papers a separate concise statement, not to exceed four pages, which
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`sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
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`Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph
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`and shall be supported by specific citation(s) to the record.
`
`(c)
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`The moving party shall include with its reply papers a response to the
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`opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph
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`basis.
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`12
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 12 of 15
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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 13 of 15 PageID #: 1051
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`(d)
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`Page limits combined with Daubert motion page limits. Each party is
`side
`permitted to file as many case dispositive motions as desired provided, however, that each party
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`will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages
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`for all answering briefs, and a combined total of 20 pages for all reply briefs. In the event that a
`side
`party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or
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`any portion of an expert’s testimony, the total amount of pages permitted for all case dispositive
`
`and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all
`side
`* *
`answering briefs, and 25 pages for all reply briefs for each such party.4
`
`(e)
`
`Hearing. The Court will hear argument on all pending case dispositive and
`June 20, 2023 at 1:00 p.m.
`Daubert motions on July 14, 2023, beginning at the Court’s convenience. In the event that a
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`dispositive motion is filed in this action, the Court and the parties can address the time allocation
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`for oral argument at that time.
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`16.
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`Applications by Motion. Except as otherwise specified herein, any application to
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`the Court shall be by written motion. Any non-dispositive motion should contain the statement
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`required by Local Rule 7.1.1.
`
`October 13, 2023 at 9:00 a.m.
`Pretrial Conference. On September 26, 2023, the Court will hold a Rule 16(e)
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`17.
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`final pretrial conference in Court with counsel for Plaintiffs and Hikma beginning at the Court’s
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`convenience. Plaintiff and Hikma shall file a joint proposed final pretrial order in compliance
`the fourth business day before the date of the final pretrial conference
`with Local Rule 16.3(c) no later than 5 p.m. on October 26, 2023. Unless otherwise ordered by
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`4 The parties must work together to ensure that the Court receives no more than a total of 250 pages
`(i.e., 50 + 50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding the other side’s
`motions) of briefing on all case dispositive motions and Daubert motions that are covered by this
`scheduling order and any other scheduling order entered in any related case that is proceeding on
`a consolidated or coordinated pretrial schedule.
`**If the Defendant groups are unable to agree on how the pages should be split up, each Defendant group will receive 20
`pages each for their opening briefs (25 with Daubert motions) and 10 pages each for their reply briefs (12.5 with Daubert
`13
`motions), and their answering brief page limits will be split equitably.
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 13 of 15
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`

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`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 14 of 15 PageID #: 1052
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`the Court, the Plaintiff and Hikma shall comply with the timeframes set forth in Local Rule 16.3(d)
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`for the preparation of the proposed joint final pretrial order.
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`18. Motions in Limine. Motions in limine shall be separately filed, with each motion
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`containing all the argument described below in one filing for each motion. Any supporting
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`documents in connection with a motion in limine shall be filed in one filing separate from the
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`motion in limine. Each party shall be limited to three in limine requests, unless otherwise permitted
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`by the Court. The in limine request and any response shall contain the authorities relied upon;
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`each in limine request may be supported by a maximum of three pages of argument and may be
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`opposed by a maximum of three pages of argument, and the party making the in limine request
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`may add a maximum of one additional page in reply in support of its request. If more than one
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`party is supporting or opposing an in limine request, such support or opposition shall be combined
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`in a single three page submission (and, if the moving party, a single one page reply). No separate
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`briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
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`19.
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`Jury Instructions, Voir Dire and Special Verdict Forms. Where a case is to be tried
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`to a jury, pursuant to Local Rules 47.1(a)(2) and 51.l, the parties should file (i) proposed voir dire,
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`(ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms. For
`the fourth business day before the date of the final pretrial conference
`Plaintiffs and Hikma, these filings should be made no later than 6 p.m. on September 12, 2023.
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`Areas of dispute shall be identified as narrowly as possible and in a manner that makes it readily
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`apparent what the dispute is. The parties shall submit simultaneously with filing each of the
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`foregoing four documents in Word format to rga_civil@ded.uscourts.gov.
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`20.
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`Trial. The trial of Plaintiffs’ claims against Hikma (and any counterclaims asserted
`October 30, 2023
`by Hikma) is scheduled for a five (5) day jury trial beginning at 9:30 a.m. on October 26, 2023,
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`with the subsequent trial days beginning at 9:30 a.m. Until the case is submitted to the jury for
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`14
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`Hikma Pharmaceuticals
`
`IPR2022-00215
`
`Ex. 1036, p. 14 of 15
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`

`

`Case 1:20-cv-01630-RGA-JLH Document 50 Filed 05/04/21 Page 15 of 15 PageID #: 1053
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`deliberations, the jury will be excused each day at 5:00 p.m. The trial will be timed, as counsel
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`will be allocated a total number of hours in which to present their respective cases.
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`21.
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`Post-Trial Briefing. The parties propose that Plaintiffs and Hikma file opening
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`post-trial motions on December 5, 2023, oppositions to post-trial motions on January 15, 2024,
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`and replies to post-trial motions on February 5, 2024.
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`22.
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`Health Net Trial. [Plaintiffs’ Position: All pre-trial and post-trial deadlines will
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`apply equally to both Defendants. A single trial will be held for both Defendants.] [Health Net’s
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`Position: The Court will set dates for a pretrial and trial of any claims against Health Net (and any
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`counterclaims asserted by Health Net) following the determination of the claims asserted against
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`Hikma.]
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`The Court will set the trial date for Health Net (including determining whether the claims against Health Net
`should be tried with the claims against Hikma) on or after the Court rules on Health Net's motion to sever.
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`The Honorable Jennifer L. Hall
`UNITED STATES MAGISTRATE JUDGE
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`15
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`Hikma Pharmaceuticals
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`IPR2022-00215
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`Ex. 1036, p. 15 of 15
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`