Case 1:22-cv-00061-TSK-JPM Document 85-1 Filed 10/20/22 Page 1 of 8 PageID #: 2205
`
`EXHIBIT A
`Mylan Proposal 1
`
`
`
`EXHIBIT A
`Mylan Proposal 1
`
`
`
`Case 1:22-cv-00061-TSK-JPM Document 85-1 Filed 10/20/22 Page 2 of 8 PageID #: 2206
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`AT CLARKSBURG
`
`REGENERON PHARMACEUTICALS, INC.,
`
`Plaintiff,
`
`v.
`
`MYLAN PHARMACEUTICALS INC.,
`
`Defendant.
`
`Case No. 1:22-cv-00061-TSK
`
`[PROPOSED] SCHEDULING ORDER
`
`On September 28, 2022, this Court held a Scheduling Conference in the above-styled
`
`matter. Pursuant to Federal Rules of Civil Procedure 16(b) and 26(f), and the Local Rules of Civil
`
`Procedure, it is hereby ORDERED that the below listed dates be adopted1:
`
`EVENT
`
`DATE
`
`Plaintiff Discloses Asserted Claims for All Patents &
`Infringement Contentions for (l)(7) Patents
`
`3 days after this Order
`
`Exchange Proposed Terms for Construction
`
`November 11, 2022
`
`Exchange Proposed Preliminary Constructions,
`Including Identification of Intrinsic and Extrinsic
`Evidence
`
`December 2, 2022
`
`Exchange Rebuttal Intrinsic and Extrinsic Evidence
`
`December 16, 2022
`
`1 This Schedule is based on the following assumptions: Includes all 24 patents (narrowed to a
`reasonable number of claims for trial in the absence of Regeneron certainty with regard to the 12
`remainder patents; PI window after Notice of Commercial Marketing (limited to select patents by
`agreement)).
`
`1
`
`
`
`Case 1:22-cv-00061-TSK-JPM Document 85-1 Filed 10/20/22 Page 3 of 8 PageID #: 2207
`
`EVENT
`
`DATE
`
`Joint Claim Construction Statement
`
`January 6, 2023
`
`Opening Claim Construction Briefs (simultaneous)
`
`February 17, 2023
`
`Rebuttal Claim Construction Briefs
`
`Claim Construction Hearing
`
`April 14, 2023
`
`May ___, 2023
`
`Substantial Completion of Document Production
`
`April 28, 2023
`
`Close of Fact Discovery
`
`Final Infringement Contentions
`
`June 30, 2023
`
`July 31, 2023
`
`Opening Expert Reports on Issues for Which the Party
`Bears the Burden of Proof
`
`September 1, 2023
`
`Responsive/Rebuttal Expert Reports
`
`November 3, 2023
`
`Reply Expert Reports
`
`December 22, 2023
`
`Close of Expert Discovery
`
`Dispositive Motions
`
`March 1, 2024
`
`March 29, 2024
`
`Motions in Limine and Daubert Motions
`
`April – May 2024
`
`Joint Pretrial Order and Stipulation of Facts
`
`June 28, 2024
`
`Final Pretrial and Settlement Conference
`
`August 9, 2024
`
`2
`
`
`
`Case 1:22-cv-00061-TSK-JPM Document 85-1 Filed 10/20/22 Page 4 of 8 PageID #: 2208
`
`EVENT
`
`Trial
`
`DATE
`
`September ___, 2024
`
`It is so ORDERED.
`The Clerk is directed to transmit copies of this Order to all counsel of record herein.
`
`DATED: _________
`
` THOMAS S. KLEEH, CHIEF JUDGE
` NORTHERN DISTRICT OF WEST VIRGINIA
`
`3
`
`
`
`Case 1:22-cv-00061-TSK-JPM Document 85-1 Filed 10/20/22 Page 5 of 8 PageID #: 2209
`
`EXHIBIT B
`Mylan Proposal 2
`
`
`
`Case 1:22-cv-00061-TSK-JPM Document 85-1 Filed 10/20/22 Page 6 of 8 PageID #: 2210
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`AT CLARKSBURG
`
`REGENERON PHARMACEUTICALS, INC.,
`
`Plaintiff,
`
`v.
`
`MYLAN PHARMACEUTICALS INC.,
`
`Defendant.
`
`Case No. 1:22-cv-00061-TSK
`
`[PROPOSED] SCHEDULING ORDER
`
`On September 28, 2022, this Court held a Scheduling Conference in the above-styled
`
`matter. Pursuant to Federal Rules of Civil Procedure 16(b) and 26(f), and the Local Rules of Civil
`
`Procedure, it is hereby ORDERED that the below listed dates be adopted2:
`
`EVENT
`
`DATE
`
`Plaintiff Discloses Asserted Claims for All Patents &
`Infringement Contentions for (l)(7) Patents. Plaintiff’s
`Disclosure shall identify no more than 8 patents and 20
`claims.
`
`3 days after this Order
`
`Exchange Proposed Terms for Construction
`
`October 28, 2022
`
`Exchange Proposed Preliminary Constructions,
`Including Identification of Intrinsic and Extrinsic
`Evidence
`
`November 11, 2022
`
`Exchange Rebuttal Intrinsic and Extrinsic Evidence
`
`November 23, 2022
`
`2 This Schedule is based on the following assumptions: Regeneron agrees to narrow the case to 8
`patents and 20 claims within 3 days after this Order, or a date agreed upon by the parties; agreement
`with regard to the status of the 16 remainder patents; agreement to limit scope of PI.
`
`1
`
`
`
`Case 1:22-cv-00061-TSK-JPM Document 85-1 Filed 10/20/22 Page 7 of 8 PageID #: 2211
`
`EVENT
`
`DATE
`
`Joint Claim Construction Statement
`
`December 9, 2022
`
`Opening Claim Construction Briefs (simultaneous)
`
`January 13, 2023
`
`Rebuttal Claim Construction Briefs
`
`February 10, 2023
`
`Claim Construction Hearing
`
`Week of February 27, 2023
`
`Substantial Completion of Document Production
`
`January 13, 2023
`
`Close of Fact Discovery
`
`Final Infringement Contentions
`
`April 14, 2023
`
`April 21, 2023
`
`Opening Expert Reports on Issues for Which the Party
`Bears the Burden of Proof
`
`April 28, 2023
`
`Responsive/Rebuttal Expert Reports
`
`Reply Expert Reports
`
`Close of Expert Discovery
`
`Dispositive Motions
`
`June 23, 2023
`
`July 21, 2023
`
`September 1, 2023
`
`September 29, 2023
`
`Motions in Limine and Daubert Motions
`
`September – October 2023
`
`Joint Pretrial Order and Stipulation of Facts
`
`October 27, 2023
`
`Final Pretrial and Settlement Conference
`
`November 17, 2023
`
`2
`
`
`
`Case 1:22-cv-00061-TSK-JPM Document 85-1 Filed 10/20/22 Page 8 of 8 PageID #: 2212
`
`EVENT
`
`DATE
`
`December ___, 2023
`
`Trial
`
`It is so ORDERED.
`
`The Clerk is directed to transmit copies of this Order to all counsel of record herein.
`
`DATED: _________
`
` THOMAS S. KLEEH, CHIEF JUDGE
` NORTHERN DISTRICT OF WEST VIRGINIA
`
`3
`
`
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