`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`CLARKSBURG DIVISION
`
`
`
`
`Case No. 1:22-cv-00061-TSK
`
`JURY TRIAL DEMANDED
`
`
`
`
`REGENERON PHARMACEUTICALS, INC.,
`
`
`
`
`MYLAN PHARMACEUTICALS INC.,
`
`
`
`
`Plaintiff,
`
`
`v.
`
`
`
`Defendant.
`
`
`
`
`
`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 adopted:
`
`Regeneron identifies 6 patents from 3 patent
`families for initial proceedings. All deadlines herein
`apply only to those patents.
`Regeneron stipulates that it will not seek injunctive
`relief on the other 18 patents asserted in its
`Complaint (ECF 1) with respect to the United States
`marketing or sales of Mylan’s current aBLA Product
`(BLA No. 761274)
`Submission of Protective Order or Disagreements
`concerning same
`Markman: exchange of proposed terms for
`construction
`Markman: exchange of preliminary constructions
`and intrinsic support
`Markman: File joint claim construction chart
`The parties may identify no more than 12 claim
`terms for construction (6 per side)
`Markman: file positions regarding word limits
`
`1
`
`DATE
`
`3 days after this Order
`
`November 1, 2022
`
`November 3, 2022
`
`November 10, 2022
`
`November 17, 2022
`
`November 17, 2022
`
`
`
`Case 1:22-cv-00061-TSK-JPM Document 87 Filed 10/25/22 Page 2 of 2 PageID #: 2216
`
`Markman: parties file joint opening claim
`construction briefs
`Markman: parties file joint responsive claim
`construction briefs
`Substantial completion of document production
`Markman hearing
`Deadline to amend pleadings
`Parties serve final infringement and invalidity
`contentions
`Close of Fact Discovery
`Regeneron narrows initial proceedings to 3 patents
`and 25 claims
`Opening Expert Reports on Issues for Which the
`Party Bears the Burden of Proof
`Responsive/Rebuttal Expert Reports
`Reply Expert Reports
`Motions for Summary Judgment (if any)
`Responses to Motions for Summary Judgment (if
`any)
`Replies to Responses to Motions for Summary
`Judgment (if any)
`Close of Expert Discovery
`Motions in Limine and Daubert Motions
`Responses to Motions in Limine and Daubert
`Motions
`Joint Stipulation of Facts
`Proposed Joint Pretrial Order, L.R. Civ. P. 16.04(b)
`Final Pretrial and Settlement Conference
`Trial
`
`It is so ORDERED.
`
`November 29, 2022
`
`December 15, 2022
`
`December 7, 2022
`January 6, 2023 (10:00 a.m.)
`December 9, 2022
`
`January 12, 2023
`
`January 18, 2023
`7 days after Markman order or 7 days
`after close of fact discovery, whichever
`is later
`February 2, 2023
`
`March 2, 2023
`March 30, 2023
`April 20, 2023
`
`May 4, 2023
`
`May 11, 2023
`
`April 20, 2023
`May 11, 2023
`
`May 18, 2023
`
`May 18, 2023
`May 18, 2023
`May 30, 2023 (10:00 a.m.)
`June 12-23, 2023
`
`The Clerk is directed to transmit copies of this Order to all counsel of record herein.
`
`DATED: October 25, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`THOMAS S. KLEEH, CHIEF JUDGE
`NORTHERN DISTRICT OF WEST VIRGINIA
`
`2
`
`
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