UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`
`
`
`
`
`
`
`Civil Action No. 18-3632 (SDW)(CLW)
`
`
`
`PRETRIAL SCHEDULING ORDER
`
`
`
`
`Corcept Therapeutics, Inc.,
`
`
`
`v.
`
`Teva Pharmaceuticals (USA) Inc.,
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`THIS MATTER having come before the Court for a scheduling conference pursuant to
`Rule 16 of the Federal Rules of Civil Procedure on February 11, 2019, and the parties having
`reviewed the Court’s Civil Case Management Order as well as the Local Civil Rules, and for
`good cause shown,
`
`IT IS on this day of _______________________,
`
`ORDERED THAT this matter will proceed as follows:
`
`1.
`
`2.
`
`Rule 26 Disclosures. The parties shall exchange disclosures pursuant to Rule 26 no later
`than [Plaintiff’s position: April 4, 20191; Defendant’s position: January 29, 20192].
`
`Contentions. Plaintiff shall identify asserted claims no later than [Plaintiff’s position:
`April 4, 2019; Defendant’s position: February 19, 2019]. Defendant shall serve non-
`infringement and invalidity contentions no later than [Plaintiff’s position: April 11,
`
`
`
`1 The parties served Initial Disclosures relating to the current patents-in-suit on January
`29, 2019. Corcept intends to file a related action against Teva in this Court, in which Corcept
`asserts infringement of additional patents that have recently been listed in the Orange Book
`for Korlym®. Corcept intends to move to consolidate these actions, and proposes herein a
`single, consolidated case schedule that accounts for both sets of patents.
`2 The parties have already exchanged initial disclosures in this lawsuit. Defendant cannot
`take a position on consolidation for a case that has not yet been filed, but opposes any delays
`to the resolution of the current lawsuit. Defendant’s position is that, if a new case is filed, the
`parties should exchange initial disclosures in that case according to the schedule set forth by
`the Federal and Local Rules.
`
`
`TEVA1064
`Teva v. Corcept
`PGR2019-00048
`
`1
`
`

`

`3.
`
`4.
`
`5.
`
`2019; Defendant’s position: March 12, 2019].3 Plaintiff shall serve infringement
`contentions and respond to invalidity contentions no later than [Plaintiff’s position: June
`25, 2019; Defendant’s position: April 25, 2019].
`
`Claim Construction. The parties shall exchange proposed terms for construction no
`later than [Plaintiff’s position: July 9, 2019; Defendant’s position: May 9, 2019]. The
`parties shall exchange preliminary proposed constructions and identifications of intrinsic
`and extrinsic evidence in support of their proposed constructions no later than [Plaintiff’s
`position: July 30, 2019; Defendant’s position: May 30, 2019]. The parties shall
`exchange an identification of all intrinsic evidence and extrinsic evidence that each party
`intends to rely upon to oppose any other party’s proposed construction no later than
`[Plaintiff’s position: August 13, 2019; Defendant’s position: June 13, 2019]. The
`parties shall file a Joint Claim Construction and Prehearing Statement no later than
`[Plaintiff’s position: August 29, 2019; Defendant’s position: July 1, 2019].4 The
`parties shall complete fact discovery related to claim construction no later than
`[Plaintiff’s position: September 30, 2019; Defendant’s position: July 30, 2019]. The
`parties shall file Opening Markman submissions, including any expert declarations no
`later than [Plaintiff’s position: October 15, 2019; Defendant’s position: August 14,
`2019]. The parties shall complete expert discovery regarding Markman issues no later
`than [Plaintiff’s position: November 14, 2019; Defendant’s position: September 13,
`2019]. The parties shall file Responsive Markman submissions no later than [Plaintiff’s
`position: December 16, 2019; Defendant’s position: October 14, 2019]. The parties
`shall confer and propose to the Court a schedule for a Claim Construction Hearing, if
`necessary, no later than [Plaintiff’s position: December 30, 2019; Defendant’s position:
`October 21, 2019; Defendant proposes October 28, 2019 as the date for the Markman
`hearing, subject to the Court’s availability].
`
`Motions to Add New Parties. Any motion to add new parties, whether by amended or
`third-party complaint, must be electronically filed no later than [Plaintiff’s position:
`October 29, 2019; Defendant’s position: July 1, 2019].
`
`Motions to Amend Pleadings. Any motion to amend pleadings must be electronically
`filed no later than [Plaintiff’s position: October 29, 2019; Defendant’s position: July 1,
`2019].
`
`
`
`3 Teva cannot agree to serve non-infringement and invalidity contentions only a week
`after receiving Plaintiff’s asserted claims, particularly if newly issued patent(s) are added to
`the case.
`
` Teva respectfully requests that, if the parties do not have any disputed terms that require
`construction in the Joint Claim Construction chart and Prehearing Statement, obviating the
`need for claim-construction briefing, all the remaining deadlines, including the start of trial,
`should be accelerated by 60 days.
`
`
` 4
`
`
`
`2
`
`2
`
`

`

`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`13.
`
`14.
`
`15.
`
`Electronic Discovery. The parties are directed to Rule 26(f), as amended, which, inter
`alia, addresses preservation of discoverable information, discovery of electronically
`stored information, and claims of privilege or work product protection. The parties are
`also directed to Local Civil Rule 26.1(d) which describes the obligations of counsel with
`regard to their clients’ information management systems.
`
`Discovery Disputes. Please refer to the Court’s Civil Case Management Order.
`
`Motion Practice. Please refer to the Court’s Civil Case Management Order.
`
`Fact Discovery Deadline. Fact discovery is to remain open through [Plaintiff’s
`position: Later of Markman decision or March 30, 2020; Defendant’s position:
`November 1, 2019]. All fact witness depositions must be completed by the close of fact
`discovery. No discovery is to be issued or engaged in beyond that date, except upon
`application and for good cause shown.
`
`Expert Reports. All affirmative expert reports shall be delivered by [Plaintiff’s
`position: 60 days after the close of fact discovery; Defendant’s position: December 2,
`2019]. All responsive expert reports shall be delivered by [Plaintiff’s position: 60 days
`after opening expert reports; Defendant’s position: January 6, 2020]. All reply expert
`reports shall be delivered by [Plaintiff’s position: 30 days after responsive expert
`reports; Defendant’s position: January 27, 2020]. Depositions of all experts to be
`completed by [Plaintiff’s position: 45 days after reply expert reports; Defendant’s
`position: February 28, 2020].
`
`Form and Content of Expert Reports. All expert reports must comport with the form
`and content requirements set forth in Rule 26(a)(2)(B). No expert shall testify at trial as
`to any opinions or base those opinions on facts not substantially disclosed in the expert’s
`report.
`
`Extensions and Adjournments. Please refer to the Court’s Civil Case Management
`Order.
`
`Protective Orders. Any proposed confidentiality order agreed to by the parties must
`strictly comply with Rule 26(c), Local Civil Rule 5.3, and applicable case law. Please
`also refer to the Court’s Civil Case Management Order.
`
`Local Rules. The parties are directed to the Local Civil Rules for any other matter not
`addressed by this Order or the Court’s Civil Case Management Order
`
`FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER OR ANY
`OTHER ORDERS WILL RESULT IN SANCTIONS.
`
`
`
`_____________________________________
`HONORABLE CATHY L. WALDOR
`UNITED STATES MAGISTRATE JUDGE
`
`
`
`3
`
`3
`
`