Case 2:19-cv-16484-CCC-MF Document 43 Filed 12/13/19 Page 1 of 5 PageID: 331
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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` JANSSEN PHARMACEUTICALS, INC.,
`et al.,
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`Plaintiffs,
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`Civil Action No. 19-16484 (CCC)
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`v.
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`MYLAN LABORATORIES LIMITED, et
`al.,
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`ORDER
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`Defendants.
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`THIS MATTER having come before the Court for a scheduling conference pursuant to
`Rule 16 of the Federal Rules of Civil Procedure; and the Court having considered the parties’
`proposed discovery schedule; and for good cause shown:
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`IT IS on this 13th day of December, 2019
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`ORDERED THAT:
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`I. DISCLOSURES
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`1.
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`2.
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`Fed. R. Civ P. 26 initial disclosures are to be exchanged on or before Done.
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`Service of original written discovery shall be made by Done.
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`II. SCHEDULING
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`By Done, Plaintiffs shall, in accordance with L. Pat. R. 3.1 and 3.2, provide
`3.
`its asserted claims and infringement contentions and accompanying disclosures.
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`By December 20, 2019, Defendants shall, in accordance with L. Pat. R. 3.2A,
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`3.3 and 3.4, serve its Non-Infringement Contentions and Invalidity Contentions and
`accompanying disclosures and associated documents.
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`5.
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`By February 7, 2020, Plaintiff shall, in accordance with L. Pat. R. 3.4A, serve its
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`Janssen Ex. 2003
`Mylan v. Janssen
`IPR2020-00440
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`

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`Case 2:19-cv-16484-CCC-MF Document 43 Filed 12/13/19 Page 2 of 5 PageID: 332
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`Responses to Invalidity Contentions and produce associated documents.
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`Claim Construction Discovery:
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`By February 21, 2020, the parties shall, in accordance with L.Pat.R.4.1(a),
`6.
`exchange and serve a list of claim terms which the parties contend should be construed by the
`Court.
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`By March 13, 2020, the parties shall, in accordance with L.Pat.R.4.2(a)-(b),
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`contemporaneously exchange preliminary proposed constructions of each term identified by the
`parties for claim construction and identify all extrinsic evidence and testimony of all witnesses
`including expert witnesses.
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`By March 27, 2020, the parties shall, in accordance with L.Pat.R.4.2(c),
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`exchange an identification of all intrinsic evidence and extrinsic evidence that each party intends
`to rely upon to oppose any party’s proposed construction, including without limitation, the
`evidence referenced in L.Pat.R.4.2(b).
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`By April 10, 2020, the parties shall, in accordance with L.Pat.R.4.3, complete
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`and file a Joint Claim Construction and Prehearing Statement and accompanying documents.
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`By June 12, 2020, the parties shall, in accordance with L.Pat.R.4.4, complete all
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`discovery relating to claim construction, including any depositions with respect to claim
`construction of any witnesses, other than experts, identified in the Preliminary Claim
`Construction Statement or Joint Clam Construction and Prehearing Statement.
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`Claim Construction Submissions:
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`By June 26, 2019, the parties shall contemporaneously exchange and serve their
`11.
`opening Markman briefs and any evidence supporting claim construction, including experts’
`certifications or declarations in accordance with L. Pat. R. 4.5(a).
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`By July 17, 2020, the parties, in accordance with L. Pat. R. 4.5(b), shall
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`conclude any discovery from any expert witness who submitted a certification or declaration
`under L. Pat. R. 4.5(a).
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`By August 10, 2020 the parties shall contemporaneously exchange and file
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`responding Markman briefs and any evidence supporting claim construction, including any
`responding experts’ certifications or declarations, in accordance with L. Pat. R. 4.5(c).
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`By August 24, 2020, the parties shall confer in accordance with L. Pat. R. 4.6 to
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`propose to the Court a schedule for a Claim Construction Hearing, to the extent the parties or the
`Court believe a hearing is necessary for construction of the claims at issue. The Court will
`thereafter convene a conference to address scheduling and protocol for claim construction.
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`2
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`Janssen Ex. 2003
`Mylan v. Janssen
`IPR2020-00440
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`

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`Case 2:19-cv-16484-CCC-MF Document 43 Filed 12/13/19 Page 3 of 5 PageID: 333
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`15. Not later than 30 days after entry of the Court’s claim construction order, or upon
`such other date as set by the Court, each party relying upon advice of counsel as part of a patent-
`related claim or defense for any reason shall make the disclosures required in accordance with L.
`Pat. R. 3.8. A party who does not comply with the above requirements shall not be permitted to
`rely on advice of counsel for any purpose absent a stipulation of all parties or by order of the
`Court.
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`Discovery and Motion Practice:
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`Any motions to join parties or amend pleadings, whether by third-party
`16.
`complaint or amended pleadings, shall be made by September 11, 2020.
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`17. All fact discovery shall be complete by November 13, 2020. Requests for
`additional time to conduct discovery will be considered under the “good cause” standard of
`Rule 16. Discovery will not be bifurcated.
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`Counsel shall confer in good faith to attempt to informally resolve any and all
`18.
`discovery disputes prior to seeking Court intervention. In the event the parties are unable to
`informally resolve their disputes, the matter shall immediately be brought to the Court’s attention
`by letter, telephone call, or facsimile. See L. Civ. R. 37.1. No formal discovery motion shall be
`filed without prior leave of Court.
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`Dispositive motion deadlines will be set as the case proceeds. Any party that
`19.
`wishes to file a dispositive motion shall request a pre-motion conference with the Magistrate
`Judge. No motions are to be filed without permission from this Court.
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`No objections to questions posed at depositions shall be made other than as to
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`lack of foundation, form, or privilege. See Fed. R. Civ. P. 32(d)(3)(A). No instruction not to
`answer shall be given unless a privilege is implicated.
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`The Court will not impose any specific limitations on depositions in this case.
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`The parties are to proceed in good faith to take the depositions they believe are necessary. If the
`parties cannot agree on the scheduling and/or number of depositions, they may raise the issue
`with the Court pursuant to Local Civil Rule 37.1 and the provisions of this Order.
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`III. EXPERTS
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`22.
`All expert reports on behalf of the party having the burden of proof on the issue
`shall be delivered by November 18, 2020.
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`23.
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`24.
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`24.
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`All rebuttal expert reports shall be delivered by January 8, 2021.
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`All reply expert reports shall be delivered by January 22, 2021.
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`All expert discovery shall be completed by February 19, 2021.
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`Janssen Ex. 2003
`Mylan v. Janssen
`IPR2020-00440
`
`

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`Case 2:19-cv-16484-CCC-MF Document 43 Filed 12/13/19 Page 4 of 5 PageID: 334
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`IV. PRETRIAL CONFERENCE
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`A final pretrial conference shall be conducted pursuant to Federal Rule of Civil
`25.
`Procedure 16(d) at TO BE DETERMINED. All pretrial submissions must be served upon the
`Court forty-eight (48) hours prior to the final pretrial conference.
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`V. FUTURE CONFERENCES
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`26.
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`There shall be telephone status conferences before the undersigned on:
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`February 13, 2020 at 3:30 p.m.
`April 28, 2020 at 3:30 p.m.
`July 9, 2020 at 3:30 p.m.
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`*Plaintiff shall initiate the telephone calls.
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`The Court may, from time-to-time, schedule conferences as may be required,
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`either sua sponte or at the request of any party.
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`Counsel should be prepared to discuss settlement at every conference with the
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`Court. The senior attorney in charge of the case must attend all settlement conferences and
`clients with full settlement authority must either attend the conference or be immediately
`available by telephone.
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`VI. MISCELLANEOUS
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`If a party seeks to file information under seal, the party shall: (1) refer to
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`Local Civil Rule 5.3(c); and (2) contact the Chambers of the undersigned for instructions
`regarding the format for presenting such a motion. The parties are reminded that the Local Civil
`Rules contemplate that the sealing of materials will be done in the least restrictive means
`available. See L. Civ. R. 5.3(c)(2). As a result, the Court will not, absent extreme
`circumstances, seal lengthy documents in their entirety.
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`Since all dates set forth herein are established with the assistance and knowledge
`30.
`of counsel, there will be no extensions except for good cause shown and by leave of Court, even
`with the consent of all counsel.
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`A copy of every pleading, document, or written communication with the Court
`31.
`shall be served on all other parties to the action. Any such communication that does not recite or
`contain a certification of such service may be disregarded by the Court.
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`FAILURE TO FOLLOW THIS ORDER MAY RESULT IN THE IMPOSITION OF
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`Janssen Ex. 2003
`Mylan v. Janssen
`IPR2020-00440
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`

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`Case 2:19-cv-16484-CCC-MF Document 43 Filed 12/13/19 Page 5 of 5 PageID: 335
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`SANCTIONS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 16 AND 37.
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` s/ Mark Falk
`MARK FALK
`Chief, U.S. Magistrate Judge
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`Janssen Ex. 2003
`Mylan v. Janssen
`IPR2020-00440
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