Free Proposed Order - District Court of Delaware - Delaware

Case 1 :07-cv-00360-JJF Document 13 Filed 08/16/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PFIZER INC, )
PPIZER IRELAND PHARMACEUTICALS, )
WARN ER—LAl\/IBERT COMPANY, )
WARNER-LAMBERT COMPANY, LLC )
$;RNER~LAMBERT EXPORT LTD., I
I Plaintiffs, I
v. I Civil Action No. 07-360-JJP
TEVA PHARMACEUTICALS USA, INC., g
Defendant. I
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f) jointly
submit the following Proposed Rule 16 Scheduling Order.
. IT IS ORDERED that:
l. Pre—Disc0very Disclosures. The parties have agreed to waive disclosure of
the information required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.2. _
2. Joinder of other Parties. All motions to join other parties shall be filed on or
. before September 20, 2007.
3. Discovery.
(a) Exchange and completion of contention interrogatories, identification
of fact witnesses, and document production shall be commenced so as to be completed by
· January 15, 2008.
(b)i Maximum of 20 interrogatories, including contention interrogatories,
for each side.

Case 1:07-cv-00360-JJF Document 13 Filed 08/16/2007 Page 2 of 4
(c) Maximum of 15 requests for admission by each side.
· (d) Depositions shall be limited to a total of 50 hours per side and a
maximum of 14 hours per deponent, excluding expert depositions. Depositions shall not
commence until the discovery required by Paragraph 3(a, b, and c) is completed. Fact discovery
shall be completed by April 1, 2008.
Y (e) Opening reports from retained experts required by Fed. R. Civ. P. 26(a)
(2) on issues on which a party bears the burden of proof are due on June 2, 2008; rebuttal reports
(including secondary considerations if obviousness is addressed in any opening report) by July 8,
2008. Reply expert reports addressing secondary considerations (if secondary considerations are
‘ addressed in any rebuttal report) are due on August 1, 2008.
(t) Depositions of experts are to be completed by September 17, 2008.
4. Non-Case Dispositive Motions.
(a) Any non—case dispositive motion, along with an Opening Brief, shall
' be tiled with a Notice of Motion. The Notice of Motion shall indicate the date on which the
movant seeks to have the motion heard. The date selected shall be within thirty (3 0) days of the
tiling ofthe motion and allow briefing in accordance with the Federal and Local Rules.
Available motion dates will be posted on the Court’s website at www.ded.uscourts. gov.
i (b) At the motion hearing, each side will be allocated twenty (20) minutes
to argue and respond to questions from the Court.
(c) Upon tiling of the Notice of Motion, a copy of said Notice shall be sent p
to Chambers by email at: [email protected].
A 5. Amendment of the Pleadings. All motions to amend the pleadings shall be
filed on or before December 17, 2007.
A 6. Case Dispositive Motions. Any case dispositive motions, pursuant to the
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Case 1:07-cv-00360-JJF Document 13 Filed 08/16/2007 Page 3 of 4
Federal Rules of Civil Procedure, shall be served and tiled with an Opening Brief on or before
November 5, 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion
may be filed more than ten (10) days from the above date without leave of the Court. The court
will issue a separate Order regarding procedures for tiling summary judgment motions.
7. Markman. The parties will advise the Court by September 17, 2008
whether a Markman Hearing is necessary to construe any term of an asserted patent claim.
Should a Markman Hearing be necessary, briefing on the claim construction issues shall be
completed at least ten (10) business days prior to the hearing. The Court, after reviewing the
briefing, will allocate time to the patties for the hearing.
. 8. Applications by Motion.
V (a) Any applications to the Court shall be by written motion tiled with
the Clerk of the Cotut in compliance with the Federal Rules of Civil Procedure and the Local
Rules of Civil Practice for the United States District Court for the District of Delaware
- (Amended Effective Jtme 30, 2007). Any non-dispositive motion shall contain the statement 1
required by D. Del. LR 7.1.1 and be made in accordance with the Court’s December 15, 2006
Order on Procedures for Filing Non—Disposition Motions in Patent Cases. Parties may file
stipulated and unopposed Orders with the Clerk of the Court for the Court’s review and signing.
· The Court will not consider applications and requests submitted by letter or in a form other than
a motion.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.
‘ (d) Any party with a true emergency matter requiring the assistance of
the Court shall e-mail Chambers at: [email protected].
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Case 1:07-cv-00360-JJF Document 13 Filed 08/16/2007 Page 4 of 4
The e-mail shall provide a short statement describing the emergency.
t 9. Pretrial Conference and Trial. After reviewing the pa1ties’ Proposed
Scheduling Order, the Court will schedule a Pretrial Corrference. The parties request a Pretrial
Conference in December 2008.
The Court will determine whether the trial date should be scheduled when the
4 Scheduling Order is entered or at the Pretrial Conference. If scheduling of the trial date is
deferred until the Pretrial Conference, the parties and counsel shall anticipate and prepare for a
trial to be held within sixty (60) to ninety (90) days of the pretrial conference. The parties
request a trial date in January 2009.
. CONNOLLY BOVE LODGE & HUTZ LLP THE BAYARD FIRM
/s/ Je@ey B. Bove /s/ Richard D. Kirk
Rudolf E. Hutz (#484) Richard D. Kirk (#922)
[email protected] [email protected]
Jeffrey B. Bove (#998) 222 Delaware Avenue
]`[email protected] Suite 900
Mary W. Bourke (#2356) P.O. Box 25130
· [email protected] Wilmington, DE 19899
1007 N. Orange Street 302-429-4208
P.O. Box 2207 Attorneys for Dekndant
Wilmington, DE 19899
302-658-9141
Attorneys for Plairzt%Tv OF COUNSEL:
Frederick H. Rein
David M. Hashmall
· Joseph B. Crystal
Emily L. Rapalino
Goodwin Procter LLP
599 Lexington Avenue
New York, NY 10022
(212) 813-8800
DATE UNITED STATES DISTRICT JUDGE
553123vl
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