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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 1 of 18 PageID #: 4020
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ABBVIE INC. and GENENTECH, INC.,
`
`Plaintiffs,
`
`v.
`
`
`
`
`
`DR. REDDY’S LABORATORIES, LTD.,
`and
`DR. REDDY’S LABORATORIES, INC.,
`
`Defendants.
`
`
`
`C.A. No. 20-00968-MSG
`
`(CONSOLIDATED)
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`
`
`ABBVIE INC. and GENENTECH, INC.,
`
`Plaintiffs,
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`
`
`
`
`v.
`
`C.A. No. 20-01009-MSG
`
`ALEMBIC PHARMACEUTICALS LTD.,
`ALEMBIC PHARMACEUTICALS, INC.,
`and ALEMBIC GLOBAL HOLDING SA,
`
`Defendants.
`
`AMENDED SCHEDULING ORDER
`AND NOW, this 8th day of November , 2021, the Court having reviewed the amendments1
`
`proposed by the parties to the Scheduling Order (D.I. 31), it is hereby ORDERED that:
`
`1
`For ease of reference, the specific deadlines that have been added or modified pursuant to
`this Order are reflected in the table titled “Amended Scheduling Order Deadlines” that is
`appended to this Order.
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`39213514.1
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`1
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`DRL EXHIBIT 1011 PAGE 1
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`DRL EXHIBIT 1011 PAGE 1
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 2 of 18 PageID #: 4021
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`1.
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`Consolidation. C.A. No. 20-1009-MSG shall be consolidated with C.A. No. 20-
`
`00968-MSG (“the Consolidated Action”) for all purposes, and all papers shall be filed in the
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`Consolidated Action.
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`2.
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`Rule 26(a)(l) Initial Disclosures and E-Discovery Default Standard. The parties
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`made their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) on March 15,
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`2021. If they have not already done so, the parties are to review the Court's Default Standard for
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`Discovery, Including Discovery of Electronically Stored Information (“ESI”) (which is posted at
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`http://www.ded.uscourts.gov; see Other Resources, Default Standards for Discovery, and is
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`incorporated herein by reference). The parties will negotiate in good faith to reach an agreement
`
`regarding electronically stored information ("ESI Agreement"), and the parties shall submit the
`
`proposed ESI Agreement to the Court within forty-five (45) days from the date of this Order.
`
`3.
`
`Joinder of Other Parties and Amendment of Pleadings. All motions to join other
`
`parties, and to amend or supplement the pleadings, shall be filed on or before October 15, 2021.
`
`4.
`
`Application to Court for Protective Order. The Court entered a Protective Order
`
`on May 24, 2021 (D.I. 41).
`
`5.
`
`Papers Filed Under Seal. In accordance with section G of the Administrative
`
`Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed
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`document shall be filed electronically within seven (7) days of the filing of the sealed document.
`
`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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`start of the court proceeding. Should the party subsequently choose to make a request for sealing
`
`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
`2
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 2
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`DRL EXHIBIT 1011 PAGE 2
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 3 of 18 PageID #: 4022
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`highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and
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`(2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking
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`redactions must demonstrate why there is good cause for the redactions and why disclosure of
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`the redacted material would work a clearly defined and serious injury to the party seeking
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`redaction.
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`6.
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`Courtesy Copies. Other than with respect to “discovery matters,” which are
`
`governed by paragraph 9(h), and the final pretrial order, which is governed by paragraph 20, the
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`parties shall provide to the Court one (1) courtesy copy of all briefs and one (1) courtesy copy of
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`any other document filed in support of any briefs (i.e., appendices, exhibits, declarations,
`
`affidavits etc.). This provision also applies to papers filed under seal.
`
`7.
`
`Narrowing of Issues for Trial. On May 17, 2021, the Parties submitted a joint
`
`letter to the Court describing the Parties’ proposal regarding narrowing issues for trial at key
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`milestones in the case.
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`8.
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`Disclosures. Absent agreement among the parties, and approval of the Court:
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`a. With respect to U.S. Patent Nos. 8,722,657, 10,730,873, 8,546,399, and
`
`9,174,982, the parties have completed the disclosures set forth in Paragraphs
`
`8(a)-(e) of the Scheduling Order (D.I. 31).
`
`b. With respect to U.S. Patent Nos. 9,238,649, 10,993,942, and 11,110,087:
`
`i. By December 3, 2021, Plaintiffs shall produce initial infringement
`
`claim charts to Defendants.
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`ii. By January 18, 2022, Defendants shall serve initial invalidity
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`contentions.
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`39213514.1
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`3
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`DRL EXHIBIT 1011 PAGE 3
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`DRL EXHIBIT 1011 PAGE 3
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 4 of 18 PageID #: 4023
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`c.
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`By the latest of (i) 45 days after the claim construction ruling, or (ii) 60
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`days after the claim construction hearing is scheduled for (if there are no claim construction
`
`issues), Plaintiffs shall provide final infringement contentions. The parties may revisit these
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`dates in the event that product and API samples are not timely produced by Defendants in
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`response to requests for production.
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`d.
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`By 30 days after Plaintiffs provide final infringement contentions, each
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`Defendant Group2 shall provide final invalidity contentions.
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`e.
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`If either or both of the deadlines set forth in Paragraphs 8(c) and 8(d) fall
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`after the close of fact discovery, the parties agree to meet and confer regarding such deadlines.
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`9.
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`Discovery.
`
`a.
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`Fact Discovery Cut Off. All fact discovery in this case shall be initiated
`
`so that it will be completed on or before August 26, 2022.
`
`b.
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`Document Production. Document production shall be substantially
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`complete by March 22, 2022.
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`c.
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`Request for Production. A maximum of one hundred (100) requests for
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`production and things are permitted for Plaintiffs to serve on each of the Defendant Groups. A
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`maximum of one hundred and fifty (150) joint requests for production and things are permitted
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`for the Defendant Groups to collectively serve on Plaintiffs.
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`d.
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`Requests for Admission. A maximum of twenty-five (25) requests for
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`admission are permitted for Plaintiffs to serve on each of the Defendant Groups. A maximum of
`
`2 The Defendant Groups in this action are (1) Dr. Reddy’s Laboratories, Ltd. and Dr. Reddy’s
`Laboratories, Inc.; and (2) Alembic Pharmaceuticals Ltd., Alembic Pharmaceuticals, Inc. and
`Alembic Global Holdings SA.
`
`39213514.1
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`4
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`DRL EXHIBIT 1011 PAGE 4
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`DRL EXHIBIT 1011 PAGE 4
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 5 of 18 PageID #: 4024
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`twenty-five (25) requests for admission are permitted for the Defendant Groups to collectively
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`serve on Plaintiffs. In addition, each Defendant Group may serve on Plaintiffs up to 12
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`individualized requests for admission. Any additional requests for admission may only be served
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`with leave of Court. Reasonable requests for admission directed to authentications or the
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`business record nature of documents for purposes of Fed. R. Evid. 803(6) are unlimited.
`
`e. Interrogatories.
`
`i. A maximum of fifteen (15) interrogatories, including contention
`
`interrogatories, are permitted for Plaintiffs to serve on each of the
`
`Defendant Groups. A maximum of fifteen (15) interrogatories,
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`including contention interrogatories, are permitted for the Defendant
`
`Groups to collectively serve on Plaintiffs. In addition, each Defendant
`
`Group may serve on Plaintiffs up to eight (8) individualized
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`interrogatories. Any additional interrogatories may only be served with
`
`leave of Court.
`
`ii.
`
`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 interrogatories, if filed, shall first be addressed
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`by the party with the burden of proof. The adequacy of all
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`interrogatory answers shall be judged by the level of detail each party
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`provides; i.e., the more detail a party provides, the more detail a party
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`shall receive.
`
`f. Depositions.
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`
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`39213514.1
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`5
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`DRL EXHIBIT 1011 PAGE 5
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`DRL EXHIBIT 1011 PAGE 5
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 6 of 18 PageID #: 4025
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`i.
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`Limitation on Hours for Deposition Discovery. Plaintiffs are limited to
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`55 hours of taking fact deposition testimony upon oral examination per
`
`Defendant Group, including testimony of former Defendant Group
`
`employees, any Fed. R. Civ. P. 30(b)(6) witnesses, and third-party
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`witnesses.3 The Defendant Groups collectively are limited to 100
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`hours of taking fact deposition testimony upon oral examination,
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`including testimony of former employees of Plaintiffs, any
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`Fed. R. Civ. P. 30(b)(6) witnesses, and third-party witnesses. Any
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`deposition lasting less than 5 hours will count as 5 hours against the
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`total time of the side taking the deposition. These hour limits on fact
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`depositions may be increased by agreement of the parties or by Court
`
`order upon good cause shown. If a deponent testifies wholly or
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`substantially through an interpreter, the party taking the deposition
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`shall be permitted, on a pro rata basis, 1.5 hours of deposition time for
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`each hour spent testifying through the interpreter. The provisions of
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`Federal Rule of Civil Procedure 30(d)(l) shall apply. For clarity, a 10.5
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`hour deposition where a deponent testifies wholly or substantially
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`through an interpreter shall nonetheless count as 7 hours against the
`
`total time of the side taking the deposition. These hour limits on fact
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`depositions may be increased by agreement of the parties or by Court
`
`order upon good cause shown. For clarity, the hour limitations
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`3 To the extent the same individual is deposed by more than one Defendant Group, there shall be
`a single deposition.
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`39213514.1
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`6
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`DRL EXHIBIT 1011 PAGE 6
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`DRL EXHIBIT 1011 PAGE 6
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 7 of 18 PageID #: 4026
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`described in this paragraph do not apply to depositions of expert
`
`witnesses.
`
`ii.
`
`Location of Depositions. The parties acknowledge the current
`
`uncertainties related to travel due to the on-going global health crisis.
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`Within six (6) months of entry of this Order, the parties agree to meet
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`and confer in good faith to determine where and how depositions may
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`be taken. The parties also agree that subject to restrictions related to
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`the on-going global health crisis, travel visas, and laws regulating
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`depositions in the country where a witness resides, all party
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`depositions shall take place within the United States. The limitations
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`contained in this section may be modified by agreement of the parties
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`subject to approval of the Court or by motion to the Court with the
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`burden on the party seeking modification.
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`g. Disclosure of Expert Testimony.
`
`i.
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`Expert Reports. For the party who has the initial burden of proof on
`
`the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert
`
`testimony is due on or before October 14, 2022. Rebuttal expert
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`reports to contradict or rebut evidence on the same matter identified by
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`another party, which shall include expert reports to be submitted by
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`Plaintiffs regarding any objective indicia of non-obviousness, are due
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`on or before December 16, 2022. Reply expert reports from the party
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`with the initial burden of proof are due on or before January 27, 2023,
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`and would include any disclosure to rebut or contradict opinions
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 7
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`DRL EXHIBIT 1011 PAGE 7
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 8 of 18 PageID #: 4027
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`related to objective indicia of non-obviousness. Sur-reply expert
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`reports to contradict or rebut evidence on objective indicia of non-
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`obviousness are due on or before February 24, 2023. The parties shall
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`provide reasonable notice of the dates and times of their experts’
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`availability for deposition.
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`All expert depositions shall be completed by April 21, 2023. The
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`parties shall meet and confer after exchanging the last round of expert
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`reports to agree on a reasonable amount of time for the deposition of
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`any individual expert, for example, for any expert who has provided
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`opinions on infringement that are common to more than one Defendant
`
`Group, or any expert who has provided opinions on both infringement
`
`and validity. If a dispute arises regarding the amount of time for
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`depositions of any expert, the parties shall follow the discovery dispute
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`procedure set forth in Paragraph 9(h).
`
`ii.
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`Expert Report Supplementation. The parties agree they will permit
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`expert declarations to be filed in connection with claim construction
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`and motions briefing (including case-dispositive motions, if the Court
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`allows such motions).
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`iii. 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.
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`Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in
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`Federal Rule of Evidence 702, it shall be made by motion no later than
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`May 5, 2023, unless otherwise ordered by the Court. Oppositions to
`8
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 8
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`DRL EXHIBIT 1011 PAGE 8
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 9 of 18 PageID #: 4028
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`such motions shall be filed no later than May 19, 2023, and replies to
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`such motion shall be filed no later than May 26, 2023. Unless
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`otherwise ordered by the Court, briefing on such motions will be as
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`per the Delaware Local Rules.
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`h. Discovery Matters and Disputes Relating to Protective Orders.
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`i. Any discovery motion filed without first complying with the following
`
`procedures will be denied without prejudice to renew pursuant to these
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`procedures.
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`ii.
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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
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`the dispute - that they are unable to resolve a discovery matter or a
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`dispute relating to a protective order, the parties involved in the
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`discovery matter or protective order dispute shall submit a joint letter
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`in substantially the following form:
`
`Dear Judge Goldberg:
`
`above-
`the
`in
`The parties
`referenced matter write to request the
`scheduling of a discovery teleconference.
`
`attorneys,
`following
`The
`including at least one Delaware Counsel
`and at least one Lead Counsel per party,
`participated in a verbal meet-and- confer
`(in person and/or by telephone) on the
`following date(s):
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`Delaware Counsel:
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`Lead Counsel:
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`9
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 9
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`DRL EXHIBIT 1011 PAGE 9
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 10 of 18 PageID #: 4029
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`requiring
`disputes
`The
`judicial attention are listed below:
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`[provide here a non-argumentative list of
`disputes requiring judicial attention]
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`iii. On a date to be set by separate order, generally not less than forty-
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`eight (48) hours prior to the conference, the party seeking relief shall
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`file with the Court a letter, not to exceed three (3) pages, outlining the
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`issues in dispute and its position on those issues. On a date to be set by
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`separate order, but generally not less than twenty-four (24) hours prior
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`to the conference, any party opposing the application for relief may
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`file a letter, not to exceed three (3) pages, outlining that party's reasons
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`for its opposition.
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`iv.
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`Each party shall submit one (1) courtesy copy of its discovery letter
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`and any attachments.
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`v.
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`Should the Court find further briefing necessary upon conclusion of
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`the telephone conference, the Court will order it. Alternatively, the
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`Court may choose to resolve the dispute prior to the telephone
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`conference and will, in that event, cancel the conference.
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`10. Motions to Amend.
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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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`shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not
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`to exceed three (3) pages, describing the basis for the requested relief, and shall attach the
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`proposed amended pleading as well as a “blackline” comparison to the prior pleading.
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 10
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`DRL EXHIBIT 1011 PAGE 10
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 11 of 18 PageID #: 4030
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`b.
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`Within seven (7) days after the filing of a motion in compliance with this
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`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5)
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`pages.
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`c.
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`Within three (3) days thereafter, the moving party may file a reply letter,
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`not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a
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`teleconference to address the motion to amend.
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`11. Motions to Strike.
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`a.
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`Any motion to strike any pleading or other document shall NOT be
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`accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed
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`three (3) pages, describing the basis for the requested relief, and shall attach the document to be
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`stricken.
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`b.
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`Within seven (7) days after the filing of a motion in compliance with this
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`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5)
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`pages.
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`c.
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`Within three (3) days thereafter, the moving party may file a reply letter,
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`not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a
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`teleconference to address the motion to strike.
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`12.
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`Tutorial Describing the Technology and Matters in Issue. Unless otherwise
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`ordered by the Court, the parties shall provide the Court, no later than the date on which their
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`opening claim construction briefs are due, a tutorial on the technology at issue. In that regard, the
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`parties may separately or jointly submit a DVD of not more than thirty (30) minutes. The tutorial
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`should focus on the technology in issue and should not be used for argument. The parties may
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`choose to file their tutorial(s) under seal, subject to any protective order in effect. Each party may
`11
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`39213514.1
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 12 of 18 PageID #: 4031
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`comment, in writing (in no more than five (5) pages) on the opposing party's tutorial. Any such
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`comment shall be filed no later than fourteen (14) days after the tutorial is submitted. As to the
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`format selected, the parties should confirm the Court's technical abilities to access the
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`information contained in the tutorial (currently best are “mpeg” or “quicktime”).
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`13.
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`Claim Construction Issue Identification. On September 27, 2021, the parties
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`exchanged a list of those claim term(s)/phrase(s) that they believe need construction and their
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`proposed claim construction of those term(s)/phrase(s). For the newly-asserted patents, on
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`January 28, 2022, the parties shall exchange a list of those claim term(s)/phrase(s) that they
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`believe need construction and their proposed claim construction of those term(s)/phrase(s). This
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`document will not be filed with the Court. Subsequent to exchanging that list, the parties will
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`meet and confer to prepare a Joint Claim Construction Chart to be submitted on February 11,
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`2022. 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. The parties shall propose a total of not more than ten (10)
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`claim terms/phrases for construction. A copy of the patent(s) in issue as well as those portions of
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`the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In
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`this joint submission, the parties shall not provide argument.
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`14.
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`Claim Construction Briefing. The parties shall contemporaneously submit initial
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`briefs on claim construction issues, not to exceed 30 pages, on March 9, 2022. The parties’
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`answering/responsive briefs, not to exceed 30 pages, shall be contemporaneously submitted on
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`April 12, 2022. The parties’ reply briefs, not to exceed 15 pages, shall be contemporaneously
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`submitted on May 3, 2022.
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 12
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`DRL EXHIBIT 1011 PAGE 12
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 13 of 18 PageID #: 4032
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`15.
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` Hearing on Claim Construction. On July 12, 2022, the Court will hear argument on
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`claim construction. The parties shall notify the Court, by joint letter submission, no later than
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`May 12, 2022: (i) whether they request leave to present testimony at the hearing; and (ii) the
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`amount of time they are requesting be allocated to them for the hearing.
`
`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 (60) days of the conclusion of the claim construction hearing. If the Court is
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`unable to meet this goal, it will advise the parties no later than sixty (60) days after the
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`conclusion of the claim construction hearing.
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`16.
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`Interim Status Report. On September 2, 2022, counsel shall submit a joint letter to
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`the Court with an interim report on the nature of the matters in issue and the progress of
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`discovery to date. Thereafter, if the Court deems it necessary, it will schedule a status
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`conference.
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`17.
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`Supplementation. Absent agreement among the parties, and approval of the Court,
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`no later than the date set for final infringement and validity contentions, the parties must finally
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`supplement, inter alia, the identification of all accused products and of all invalidity references
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`respectively. If either or both of these deadlines fall after the close of fact discovery, the parties
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`agree to meet and confer regarding such deadlines.
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`18.
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`Case Dispositive Motions. The Court will not hear summary judgment motions
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`without leave of the Court.
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 13
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`DRL EXHIBIT 1011 PAGE 13
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 14 of 18 PageID #: 4033
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`19.
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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 filed with the Clerk. Any non-dispositive motion should
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`contain the statement required by Local Rule 7.1.1.
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`20.
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`7.5-Year Stay Deadline: October 11, 2023
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`YOUNG CONAWAY STARGATT
`& TAYLOR, LLP
`
`/s/Anne Shea Gaza
`Anne Shea Gaza (No. 4093)
`Samantha G. Wilson (No. 5816)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`agaza@ycst.com
`swilson@ycst.com
`
`OF COUNSEL:
`
`Dennies Varughese, Pharm.D.
`Robert W. Stout
`Sterne, Kessler, Goldstein
`& Fox P.L.L.C.
`1100 New York Avenue, N.W.
`Suite 600
`Washington, D.C. 20005-3934
`(202) 371-2600
`dvarughese@sternekessler.com
`rstout@sternekessler.com
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`Attorneys for Defendants
`Alembic Pharmaceuticals Ltd.,
`Alembic Pharmaceuticals, Inc.,
`and Alembic Global Holding SA
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`SAUL EWING ARNSTEIN & LEHR LLP
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`
`
`/s/ James D. Taylor, Jr.
`James D. Taylor, Jr. (#4009)
`Jessica M. Jones (#6246)
`Charles E. Davis (#6402)
`1201 N. Market Street, Suite 2300
`Wilmington, Delaware 19899
`(302) 421-6800
`James.Taylor@saul.com
`Jessica.Jones@saul.com
`Chad.Davis@saul.com
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`OF COUNSEL:
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`Chad J. Peterman
`Eric W. Dittmann
`Bruce M. Wexler
`Ashley N. Mays-Williams
`Scott F. Peachman
`Katherine A. Daniel
`Krystina L. Ho
`Paul Hastings LLP
`200 Park Avenue
`New York, New York 10166
`(212) 318-6000
`chadpeterman@paulhastings.com
`ericdittmann@paulhastings.com
`brucewexler@paulhastings.com
`ashleymayswilliams@paulhastings.com
`scottpeachman@paulhastings.com
`katherinedaniel@paulhastings.com
`krystinaho@paulhastings.com
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 14
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`DRL EXHIBIT 1011 PAGE 14
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 15 of 18 PageID #: 4034
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`Attorneys for Plaintiffs AbbVie Inc.
`and Genentech, Inc.
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`SMITH, KATZENSTEIN &
`JENKINS LLP
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`/s/ Eve H. Ormerod
`Neal C. Belgam (No. 2721)
`Eve H. Ormerod (No. 5369)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`eormerod@skjlaw.com
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`OF COUNSEL:
`
`Constance S. Huttner
`Anandita Vyakarnam
`Beth C. Finkelstein
`Windels Marx Lane & Mittendorf LLC
`1 Giralda Farms
`Madison, NJ 07940
`(973) 966-3200
`chuttner@windelsmarx.com
`avyakarnam@windelsmarx.com
`bfinkelstein@windelsmarx.com
`
`Attorneys for Defendants Dr. Reddy’s
`Laboratories, Ltd. and Dr. Reddy’s
`Laboratories, Inc.
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`
` /s/ Mitchell S. Goldberg
`UNITED STATES DISTRICT JUDGE
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 15
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`DRL EXHIBIT 1011 PAGE 15
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 16 of 18 PageID #: 4035
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`AMENDED SCHEDULING ORDER DEADLINES
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`Event
`Defendants’ deadline to move
`against, answer, or otherwise
`respond to Plaintiffs’ Second
`Amended Complaint
`Plaintiffs file response to
`Defendants’ Counterclaims
`Plaintiffs produce initial
`infringement claim chart to
`Defendants on the ’649, ’942,
`and ’087 patents
`Defendants serve initial
`invalidity contentions on the
`’649, ’942, and ’087 patents
`Parties identify terms for
`construction and the proposed
`constructions for newly asserted
`patents
`Parties submit Joint Claim
`Construction Statement
`including newly asserted patents
`Simultaneous opening claim
`construction briefs and claim
`construction tutorial
`Substantial completion of
`document discovery
`Simultaneous
`answering/responsive claim
`construction briefs
`Simultaneous reply claim
`construction briefs
`Parties submit joint letter
`whether Parties request leave to
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`Current Deadline
`November 16, 2021
`
`Amended Deadline
`Same
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`N/A
`
`N/A
`
`N/A
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`N/A
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`November 30, 2021
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`December 3, 2021
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`January 18, 2022
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`January 28, 2022
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`October 21, 2021
`(currently stayed)
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`February 11, 2022
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`November 10, 2021
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`March 9, 2022
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`November 29, 2021
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`March 22, 2022
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`December 9, 2021
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`April 12, 2022
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`January 11, 2022
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`May 3, 2022
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`January 14, 2022
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`May 12, 2022
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 16
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`DRL EXHIBIT 1011 PAGE 16
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 17 of 18 PageID #: 4036
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`
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`Event
`present testimony at the
`Markman hearing; and (ii) the
`amount of time they are
`requesting be allocated to them
`for the Markman hearing
`Markman hearing
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`Final supplementation of
`accused products; final
`infringement contentions
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`Final supplementation of
`invalidity references; final
`invalidity contentions
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`Close of fact discovery
`Interim status report
`Opening expert reports (burden
`of proof reports, not including
`objective indicia of
`nonobviousness)
`Rebuttal reports plus objective
`indicia of non-obviousness
`Reply reports plus rebuttal on
`objective indicia of non-
`obviousness
`Sur-reply reports on objective
`indicia of non-obviousness
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`Current Deadline
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`Amended Deadline
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`
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`February 24, 2022, at 9:00
`a.m. (subject to the Court’s
`availability)
`By the latest of (i) 45 days
`after the claim construction
`ruling, or (ii) 60 days after
`the claim construction
`hearing is scheduled for (if
`there are no claim
`construction issues)
`30 days after Plaintiffs
`provide final infringement
`contentions
`
`May 5, 2022
`May 12, 2022
`July 22, 2022
`
`July 12, 2022 at 9:00
`a.m.
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`Same. If either or both of
`these deadlines fall after the
`close of fact discovery, the
`parties agree to meet and
`confer regarding such
`deadlines.
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`Same. If either or both of
`these deadlines fall after the
`close of fact discovery, the
`parties agree to meet and
`confer regarding such
`deadlines.
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`August 26, 2022
`September 2, 2022
`October 14, 2022
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`September 23, 2022
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`December 16, 2022
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`October 28, 2022
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`January 27, 2023
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`November 18, 2022
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`February 24, 2023
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 17
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`DRL EXHIBIT 1011 PAGE 17
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`Case 1:20-cv-00968-MSG Document 81 Filed 11/08/21 Page 18 of 18 PageID #: 4037
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`Event
`Close of expert discovery
`Opening Daubert motions
`Opposition to Daubert motions
`Replies to Daubert motions
`Final pre-trial order due
`Final pre-trial conference
`Trial
`End of 7.5 Year Stay
`
`Current Deadline
`January 13, 2023
`January 26, 2023
`February 9, 2023
`February 16, 2023
`Unscheduled
`Unscheduled
`Unscheduled
`Oct. 11, 2023
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`Amended Deadline
`April 21, 2023
`May 5, 2023
`May 19, 2023
`May 26, 2023
`Same
`Same
`Same
`Same
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`39213514.1
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`DRL EXHIBIT 1011 PAGE 18
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`DRL EXHIBIT 1011 PAGE 18
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