Case 2:21-cv-10057-SRC-JSA Document 51 Filed 01/05/22 Page 1 of 4 PageID: 1021
`Case 2:21-cv-10057-SRC-JSA Document 50 Filed 01/04/22 Page 1 of 4 PageID: 1017
`
`S I L L S C U M M I S & G R O S S
`
`A PROFESSIONAL CORPORATION
`
`T h e L e g a l C e n t e r
`O n e R i v e r f r o n t P l a z a
`Ne w a r k , N e w J e r s e y 0 7 1 0 2 - 5 4 0 0
`Te l : 9 7 3 - 6 4 3 - 7 0 0 0
`F a x : 9 7 3 - 6 4 3 - 6 5 0 0
`
`101 Park Avenue
`New York, NY 10178
`Tel: 212-643-7000
`Fax: 212-643-6500
`
`January 4, 2022
`
`AMENDED SCHEDULING ORDER
`
`Stephen M. Klein
`Member of the Firm
`Direct Dial: (973) 643-4775
`E-mail: sklein@sillscummis.com
`
`BY ECF
`
`Hon. Jessica S. Allen, U.S.M.J.
`United States District Court
`Martin Luther King Building
`& U.S. Courthouse
`50 Walnut Street
`Newark, NJ 07102
`
`Re:
`
`Bausch Health Ireland Limited et al. v. MSN Laboratories Private Ltd. et al.,
`2:21-cv-10057-SRC-JSA
`
`Dear Judge Allen:
`
`This firm, along with Merchant & Gould P.C., represents Defendants MSN Laboratories
`Ltd. and MSN Pharmaceuticals Inc. (“MSN”) in the above-referenced matter. Defendants request
`an amendment to the discovery schedule, and Plaintiffs consent to Defendants’ request.
`
`As set forth in the table on the following page, an extension of approximately three
`months is proposed. As the Court is aware, a separate action involving the same patents is
`pending in the District of New Jersey, with docket number 21-cv-10403, wherein a motion to
`dismiss has been filed. Depending on the outcome of that motion, an additional three months in
`the preliminary case schedule should aid in coordinating with that case’s schedule, if necessary.
`Moreover, in the interest of conserving judicial resources, the parties believe it will be more
`efficient to proceed through the Local Patent Rule disclosures at a later time. We respectfully
`request that, if the Court approves of these modifications, it “so order” this letter on the docket.
`
`We thank Your Honor for your courtesies in this matter.
`
`MYLAN - EXHIBIT 1038
`
`

`

`
`Case 2:21-cv-10057-SRC-JSA Document 50 Filed 01/04/22 Page 2 of 4 PageID: 1018Case 2:21-cv-10057-SRC-JSA Document 51 Filed 01/05/22 Page 2 of 4 PageID: 1022
`AMENDED SCHEDULING ORDER
`*The Court having held a Status
`Conference by Videoconference on
`January 5, 2022; and for the reasons
`set forth on the record, which are
`incorporated herein at length; and
`with the consent of the parties and for
`good cause shown; the schedule in this
`case is amended as follows:
`Current Date
`1/5/22
`
`Revised Date
`1/5/22
`
`N/A, as represented by
`counsel on the record
`
`N/A, as represented by
`counsel on the record
`
`1/19/22
`
`4/18/22
`
`5/4/22
`
`8/4/22
`
`5/31/22
`
`8/31/22
`
`6/21/22
`
`9/21/22
`
`7/5/22
`
`10/5/22
`
`7/21/22
`
`10/21/22
`
`8/22/22
`
`11/22/22
`
`S I L L S C U M M I S & G R O S S
`
`A P R O F E S S I O N A L C O R P O R A T I O N
`
`Hon. Jessica S. Allen, U.S.D.J.
`January 4, 2022
`Page 2
`
`Event
`Status conference by way of Zoom
`videoconference with Court on
`January 5, 2022, at 10:00 a.m.
`Any motion by Defendants for
`judgment on the pleadings,
`pursuant to Fed. R. Civ. P. 12(c),
`Defendants shall serve invalidity
`and non-infringement contentions;
`Production of documents required
`under 3.4(b) and (c) produced with
`Invalidity Contention
`Plaintiff shall serve any
`infringement contentions and
`responses to the invalidity
`contentions and accompanying
`document production per 3.6(f)
`The parties will exchange proposed
`terms necessary for claim
`construction and thereafter meet
`and confer to narrow the issues
`The parties will exchange their
`preliminary claim constructions and
`identify any intrinsic and extrinsic
`evidence and thereafter meet and
`confer to narrow the issues
`The parties will exchange evidence
`opposing proposed claim
`constructions
`The parties will file their Joint
`Claim Construction and Prehearing
`Statement
`The parties will complete any fact
`discovery regarding claim
`construction, including depositions
`of non-expert witnesses identified
`before claim construction
`exchanges.
`
`

`

`
`
`Case 2:21-cv-10057-SRC-JSA Document 50 Filed 01/04/22 Page 3 of 4 PageID: 1019Case 2:21-cv-10057-SRC-JSA Document 51 Filed 01/05/22 Page 3 of 4 PageID: 1023
`
`S I L L S C U M M I S & G R O S S
`
`A P R O F E S S I O N A L C O R P O R A T I O N
`
`Hon. Jessica S. Allen, U.S.D.J.
`January 4, 2022
`Page 3
`
`The parties will have substantially
`completed document production
`The parties shall file opening
`Markman briefs, including expert
`declarations, pursuant to L. Pat. R.
`4.5(a)
`Discovery disputes (other than
`those arising during depositions)
`shall be brought to the Court’s
`attention
`All expert discovery regarding
`Markman issues shall be completed
`The parties shall file responsive
`Markman papers
`The parties will meet and confer on
`a proposed schedule for a Markman
`hearing, and shall submit the
`proposed schedule
`Claim Construction Hearing
`Depositions of fact witnesses
`completed by today
`Fact Discovery Closes
`The parties shall exchange opening
`expert reports on issues for which
`that party bears the burden of proof,
`including Plaintiff’s opening expert
`report(s) on objective indicia of
`non-obviousness
`The parties will exchange rebuttal
`expert reports
`The parties will exchange reply
`expert reports
`All expert discovery, including
`depositions of experts
`Dispositive Motions
`Final Pretrial Conference
`
`8/22/22
`
`9/12/22
`
`11/22/22
`
`12/12/22
`
`9/23/22
`
`12/23/22
`
`10/12/22
`
`11/11/22
`
`11/28/22
`
`TBD
`12/23/22
`
`12/23/22
`3/1/23
`
`5/1/23
`
`6/15/23
`
`8/15/23
`
`TBD
`TBD
`
`1/12/23
`
`2/13/23
`
`2/28/23
`
`TBD
`3/23/23
`
`3/23/23
`6/1/23
`
`8/1/23
`
`9/15/23
`
`11/15/23
`
`TBD
`TBD
`
`

`

`
`
`Case 2:21-cv-10057-SRC-JSA Document 50 Filed 01/04/22 Page 4 of 4 PageID: 1020Case 2:21-cv-10057-SRC-JSA Document 51 Filed 01/05/22 Page 4 of 4 PageID: 1024
`
`S I L L S C U M M I S & G R O S S
`
`A P R O F E S S I O N A L C O R P O R A T I O N
`
`Hon. Jessica S. Allen, U.S.D.J.
`January 4, 2022
`Page 4
`
`TBD
`
`TBD
`
`TBD
`
`TBD
`
`All counsel are directed to
`assemble at the office of plaintiff's
`counsel not later than ten (10) days
`before the pretrial conference to
`prepare the Final Pretrial Order in
`the form and content required by
`the Court. Plaintiff’s counsel shall
`prepare the Pretrial Order and shall
`submit it to all other counsel for
`approval.
`The original of the Final Pretrial
`Order shall be delivered to
`Chambers not later than seventy-
`two (72) hours before the pretrial
`conference. All counsel are
`responsible for the timely
`submission of the Final Pretrial
`Order.
`Trial
`TBD
`*All other provisions of the prior Pretrial Scheduling
`Order issued on September
`27, 2021 (ECF No. 32), shall remain in full force
`and effect.
`
`TBD
`
`*There shall be Status Conference by Videoconference
`before the Undersigned on March 29, 2022 at 10:00 a.m.
`The Court will provide the connection information in
`advance. On or before March 22, 2022, the parties shall
`file a joint status letter.
`
`SO ORDERED.
`
`s/Jessica S. Allen
`United States Magistrate Judge
`
`Dated: January 5, 2022
`
`