`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`
`
`
`REGENERON PHARMACEUTICALS, INC.,
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`
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`Plaintiff/Counter-Defendant,
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`
`v.
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`
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`
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`MYLAN PHARMACEUTICALS INC.,
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`
`
`Defendant/Counter-Claimant.
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`
` CIVIL NO. 1:22-CV-61
`
`
` (KLEEH)
`
`ORDER DENYING EMERGENCY MOTION TO MODIFY SCHEDULING ORDER AND
`FOR EMERGENCY STATUS CONFERNCE [ECF NO. 415]
`
`On April 10, 2023, Defendant/Counter-Claimant Mylan
`
`Pharmaceuticals Inc. (“Mylan”) filed an emergency motion to modify
`scheduling order and for emergency status conference. On April
`12, 2023, Plaintiff/Counter-Defendant Regeneron Pharmaceuticals,
`Inc. (“Regeneron”) filed a response.
`
`In its motion, Mylan asks the Court to order Regeneron to
`immediately narrow the scope of the proceedings to 3 patents and
`12 claims. Mylan states that Regeneron continues to assert 4
`patents and 60 claims. Mylan argues that it should not be forced
`to contend with “five times” the number of patent claims during
`pretrial exchanges and trial, “a practical impossibility under the
`current pretrial schedule and in the nine days the Court has
`allotted for trial.”
`
`The Court’s Scheduling Order contemplates two rounds of claim
`narrowing. First, Regeneron was required to reduce its asserted
`
`
`
`Case 1:22-cv-00061-TSK-JPM Document 425 Filed 04/14/23 Page 2 of 2 PageID #: 24158
`REGENERON V. MYLAN
`
`1:22-CV-61
`
`ORDER DENYING EMERGENCY MOTION TO MODIFY SCHEDULING ORDER AND
`FOR EMERGENCY STATUS CONFERNCE [ECF NO. 415]
`
`patents to 6 patents within 3 days of entry of the Scheduling
`Order, which it did. Second, Regeneron is required to narrow to
`“3 patents and 25 claims” within “7 days after Markman order or 7
`days after close of fact discovery, whichever is later.” The close
`of fact discovery was on January 18, 2023, but the court has not
`yet entered its Markman order, so Regeneron has not yet been
`required to narrow its case to 3 patents and 25 claims.
`Regeneron has not violated a Court order by failing, at this
`point, to narrow its case to 3 patents and 25 claims. The Court
`finds that Mylan’s motion lacks merit. Mylan has not shown good
`cause for an emergency status conference or a modification of the
`scheduling order, and its motion is DENIED [ECF No. 415].
`It is so ORDERED.
`
`The Clerk is DIRECTED to transmit copies of this Order to
`
`counsel of record.
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`DATED: April 14, 2023
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`____________________________
`THOMAS S. KLEEH, CHIEF JUDGE
`NORTHERN DISTRICT OF WEST VIRGINIA
`
`
`
`2
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