Case 1:23-cv-00013-TSK Document 27 Filed 04/03/23 Page 1 of 6 PageID #: 387
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`CLARKSBURG
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`NOVO NORDISK, INC. and
`NOVO NORDISK A/S,
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`Plaintiffs,
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`v.
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`VIATRIS INC. and
`MYLAN PHARMACEUTICALS INC.,
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`
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`Defendants.
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`CIVIL ACTION NO. 1:23-CV-13
`
`
`(KLEEH)
`
`
`FIRST ORDER AND NOTICE REGARDING
`DISCOVERY AND SCHEDULING CONFERENCE
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`Pursuant to Fed. R. Civ. P. 16(b) and 26(f) and Local Rule of
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`Civil Procedure (“L.R. Civ. P.”) 16.01 and 26.01, it is hereby
`ORDERED:
`1. Initial Planning Meeting on or before: May 3, 2023
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`2. Meeting Report on or before: May 17, 2023
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`3. Initial Disclosures on or before: June 5, 2023
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`4. Scheduling Conference: if necessary
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`(1) Initial Planning Meeting: Pursuant to Fed. R. Civ. P. 16
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`and 26(f) and L.R. Civ. P. 16.01(b), parties to this action shall
`meet in person or by telephone on or before May 3, 2023. At this
`meeting, the parties shall discuss all matters required by Fed. R.
`Civ. P. 16 and 26(f) and L.R. Civ. P. 16.01(b).
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`CLARKSBURG
`
`
`NOVO NORDISK, INC. and
`NOVO NORDISK A/S,
`
`
`
`Plaintiffs,
`
`
`v.
`
`
`
`
`
`
`
`
`
`VIATRIS INC. and
`MYLAN PHARMACEUTICALS INC.,
`
`
`
`Defendants.
`
`
`
`
`
`CIVIL ACTION NO. 1:23-CV-13
`
`
`(KLEEH)
`
`
`FIRST ORDER AND NOTICE REGARDING
`DISCOVERY AND SCHEDULING CONFERENCE
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to Fed. R. Civ. P. 16(b) and 26(f) and Local Rule of
`
`Civil Procedure (“L.R. Civ. P.”) 16.01 and 26.01, it is hereby
`ORDERED:
`1. Initial Planning Meeting on or before: May 3, 2023
`
`2. Meeting Report on or before: May 17, 2023
`
`
`
`3. Initial Disclosures on or before: June 5, 2023
`
`4. Scheduling Conference: if necessary
`
`(1) Initial Planning Meeting: Pursuant to Fed. R. Civ. P. 16
`
`and 26(f) and L.R. Civ. P. 16.01(b), parties to this action shall
`meet in person or by telephone on or before May 3, 2023. At this
`meeting, the parties shall discuss all matters required by Fed. R.
`Civ. P. 16 and 26(f) and L.R. Civ. P. 16.01(b).
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`1
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`Case 1:23-cv-00013-TSK Document 27 Filed 04/03/23 Page 2 of 6 PageID #: 388
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`(2) Meeting Report and Proposed Discovery Plan: Pursuant to
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`Fed. R. Civ. P. 26(f) and L.R. Civ. P. 16.01(c), the parties shall
`submit to this Court a written report on the results of the initial
`discovery meeting and a Scheduling Order Checklist, completed with
`necessary dates specific to this case, (see attached example) on
`or before May 17, 2023. The written report shall include the
`parties’ report on those matters set forth in L.R. Civ. P.
`16.01(b)(1-5) and 16.01(c) and the parties’ discovery plan as
`required by Fed. R. Civ. P. 26(f). The parties’ report on their
`meeting shall be considered by this Court as advisory only.
`Parties and counsel are subject to sanctions as set forth in Fed.
`R. Civ. P. 16(f) and L.R. Civ. P. 37.01 for failure to participate
`in good faith in the development and submission of a meeting report
`and proposed discovery plan.
`(3) Initial Discovery Disclosures: Pursuant to Fed. R. Civ.
`
`P. 26(a)(1) and L.R. Civ. P. 26.01(a), each party shall provide to
`every other party the initial discovery disclosures required under
`Fed. R. Civ. P. 26(a)(1) on or before June 5, 2023.
`(4) Telephonic Scheduling Conference: Upon receipt of the
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`meeting report and proposed discovery plan, this Court may conduct
`a scheduling conference at a date and time deemed appropriate.
`See Fed. R. Civ. P. 16(b) and L.R. Civ. P. 16.01(d). However, if
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`2
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`Case 1:23-cv-00013-TSK Document 27 Filed 04/03/23 Page 3 of 6 PageID #: 389
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`this Court determines, after a review of the meeting report and
`proposed discovery plan, that a scheduling conference is not
`necessary, no conference will be scheduled, and a scheduling order
`will be entered. See Fed. R. Civ. P. 16(b) and L.R. Civ. P.
`16.01(d).
`It is so ORDERED.
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`The Clerk is directed to transmit copies of this Order to all
`counsel of record herein, along with copies of this Court’s
`Scheduling Order Checklist.
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`DATED: April 3, 2023
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`____________________________
`THOMAS S. KLEEH, CHIEF JUDGE
`NORTHERN DISTRICT OF WEST VIRGINIA
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`3
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`Case 1:23-cv-00013-TSK Document 27 Filed 04/03/23 Page 4 of 6 PageID #: 390
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`CLARKSBURG
`
`
`
`
`
`CIVIL ACTION NO. 1:23-CV-13
`
`
`(KLEEH)
`
`NOVO NORDISK, INC. and
`NOVO NORDISK A/S,
`
`
`
`Plaintiffs,
`
`
`v.
`
`
`
`
`
`
`
`
`
`VIATRIS INC. and
`MYLAN PHARMACEUTICALS INC.,
`
`
`
`Defendants.
`
`SCHEDULING ORDER CHECKLIST
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`
`
`ATTORNEYS:
`
`
`PLAINTIFFS PRODUCE NDA AND FILE
`HISTORY; DEFENDANT PRODUCES ANDA
`PLAINTIFFS DISCLOSE ASSERTED CLAIMS &
`INFRINGEMENT CONTENTIONS
`DEFENDANT DISCLOSES INVALIDITY
`CONTENTIONS, PRIOR ART, AND
`NONINFRINGEMENT CONTENTIONS
`EXCHANGE PROPOSED TERMS FOR
`CONSTRUCTION
`EXCHANGE PROPOSED PRELIMINARY
`CONSTRUCTIONS FOR DISPUTED TERMS,
`INCLUDING AN INITIAL IDENTIFICATION OF
`INTRINSIC AND EXTRINSIC EVIDENCE
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`4
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`DATE
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`Case 1:23-cv-00013-TSK Document 27 Filed 04/03/23 Page 5 of 6 PageID #: 391
`Case 1:23-cv-00013-TSK Document 27 Filed 04/03/23 Page 5 of6 PagelD #: 391
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` JOINT CLAIM CONSTRUCTION STATEMENT
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`EXCHANGE REBUTTAL INTRINSIC AND
`EXTRINSIC EVIDENCE
`JOINT CLAIM CONSTRUCTION STATEMENT
`JOIN PARTIES OR AMEND PLEADINGS
`OPENING CLAIM CONSTRUCTION BRIEFS
`(SIMULTANEOUS EXCHANGE, 25 PAGES)
`(SIMULTANEOUS EXCHANGE, 25 PAGES)
`REBUTTAL CLAIM CONSTRUCTION BRIEF
`(SIMULTANEOUS EXCHANGE, 15 PAGES)
`(SIMULTANEOUS EXCHANGE, 15 PAGES)
`CLAIM CONSTRUCTION HEARING
`STATUS REPORT TO THE COURT REGARDING
`THE DELAWARE DECISION AND POTENTIAL
`DISPOSITIVE MOTIONS
`STATUS CONFERENCE WITH THE COURT
`SUBSTANTIAL COMPLETION OF DOCUMENT
`PRODUCTION
`CLOSE OF FACT DISCOVERY
`FINAL INFRINGEMENT CONTENTIONS
`FINAL INVALIDITY AND NON-INFRINGEMENT
`CONTENTIONS
`OPENING EXPERT REPORTS ON ISSUES FOR
`WHICH THE PARTY BEARS THE BURDEN OF
`PROOF
`RESPONSIVE/REBUTTAL EXPERT REPORTS
`RESPONSIVE/REBUTTAL EXPERT REPORTS
`REPLY EXPERT REPORTS
`CLOSE OF EXPERT DISCOVERY
`MOTIONS IN LIMINE AND DAUBERT MOTIONS
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`EXCHANGE REBUTTAL INTRINSIC AND
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`EXTRINSIC EVIDENCE
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`JOIN PARTIES OR AMEND PLEADINGS
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`OPENING CLAIM CONSTRUCTION BRIEFS
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`REBUTTAL CLAIM CONSTRUCTION BRIEF
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`CLAIM CONSTRUCTION HEARING
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`STATUS REPORT TO THE COURT REGARDING
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`THE DELAWARE DECISION AND POTENTIAL
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`DISPOSITIVE MOTIONS
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`STATUS CONFERENCE WITH THE COURT
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`SUBSTANTIAL COMPLETION OF DOCUMENT
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`PRODUCTION
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`CLOSE OF FACT DISCOVERY
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`FINAL INFRINGEMENT CONTENTIONS
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`FINAL INVALIDITY AND NON-INFRINGEMENT
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`CONTENTIONS
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`OPENING EXPERT REPORTS ON ISSUES FOR
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`WHICH THE PARTY BEARS THE BURDEN OF
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`PROOF
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`REPLY EXPERT REPORTS
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`CLOSE OF EXPERT DISCOVERY
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`MOTIONS IN LIMINE AND DAUBERT MOTIONS
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`Case 1:23-cv-00013-TSK Document 27 Filed 04/03/23 Page 6 of 6 PageID #: 392
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`RESPONSES TO MOTIONS IN LIMINE AND
`DAUBERT MOTIONS
`REPLIES TO MOTION IN LIMINE AND
`DAUBERT MOTIONS
`PRETRIAL DISCLOSURES, FED. R. CIV. P.
`26(a)(3)
`OBJECTIONS TO 26(a)(3) DISCLOSURES
`BIOGRAPHICAL SKETCHES
`JOINT PRETRIAL ORDER AND STIPULATION
`OF FACTS
`FINAL PRETRIAL AND SETTLEMENT
`CONFERENCE
`TRIAL
`PROPOSED DEADLINE FOR PROPOSED
`FINDINGS OF FACT AND CONCLUSIONS OF
`LAW
`RESPONSIVE POST-TRIAL BRIEFS
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