Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :O7—cv—OO156-JJF Document 76 Filed O3/28/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PDL BIOPHARMA, INC., ) F
Plaintifi ;
V- ) C.A. No. 07—156-JJF
ALEXION PHARMACEUTICALS, INC. ;
Defendant ;
AMENDED RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(D,
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties have exchanged the information
required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2.
2. Settlement Conference. The parties have already had a settlement conference
with Magistrate Judge Thynge. If the parties agree that they would benefit from a further
settlement conference, the parties shall contact the Magistrate Judge to schedule a settlement
conference so as to be completed no later than the Pretrial Conference or a date ordered by the
Court.
3. Discovery.
(a) Exchange and completion of contention interrogatories, identification of
all fact witnesses and document production shall be commenced so as to be completed by July
10, 2008.
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(b) Maximum of 30 interrogatories, including contention interrogatories, for
each side.
(c) Maximum of 50 requests for admission by each side.
(d) Each side is limited to a total of 100 hours of taking testimony by {
deposition upon oral examination. Depositions shall not commence until the discovery required
by Paragraph 3 (a, b and c) is completed.
(e) Fact discovery shall be completed by October 2, 2008.
(f) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the party with the burden of proof on the issue the expert is offered thirty (30) days after the
issuance of the Court’s Markman decision. The supplemental disclosure to contradict or rebut
evidence on the same matter identified by another party is due thirty (30) days after service of
the initial reports.
(g) Any party desiring to depose an expert witness shall notice and complete
said deposition no later than thirty (30) days from receipt of all expert reports, unless otherwise
agreed in writing by the parties.
4. Non-Case Dispositive Motions.
(a) Any non-case dispositive motion, along with an Opening Brief shall be
filed with a Notice of Motion. The Notice of Motion shall indicate the date on which the movant
seeks to have the motion heard. The hearing date selected shall allow time for filing of the
motion, allow for briefing in accordance with the Federal and Local Rules, and shall permit all
briefing to be filed no later than 12:00 noon the Friday before the motion day on which it is to be
heard. Available motion dates will be posted on the Court’s website ati
http://www.ded.uscou1ts.gov/J.TFmain.htm
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Case 1 :07-cv-00156-JJF Document 76 Filed O3/28/2008 Page 3 of 4
(b) At the motion hearing, each side will be allocated ten (10) minutes to
argue and respond to questions from the Court.
(c) Upon filing of the Notice of Motion, a copy of said Notice shall be sent to
Chambers by e-mail at: [email protected]. fp
5. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal
Rules of Civil Procedure, shall be served and tiled with an opening brief on or before January
20, 2009. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be
tiled more than ten (10) days from the above date without leave ofthe Court. The parties shall
follow the Cou11’s procedures for summary judgment motions which is available on the Court’s
website at: http://www.ded.uscotu·ts.gov/J.TFmain.htm /
6. Markman. A Markman Hearing, if necessary, will be held on July
2008. The parties shall identify and exchange their contentions by May 7, 2008.. The parties
shall exchange opening claim construction briefs on May 14, 2008 and answering briefs on June
11, 2008. The court, after reviewing the briefing, will allocate time to the parties for the
hearing. The parties request that the Court schedule a technology tutorial before the Markman
Hearing.
7. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed with the Clerk
ofthe Court 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 June 30, 2007). Any non—dispositive motion shall contain the statement required by D.
Del. LR 7.1.1 and be rnade in accordance with the Court’s February 1, 2008 Order on procedures
for filing non-dispositive motions in patent cases. Briefs shall be limited to no more than ten
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Case 1 :O7—cv—OO156-JJF Document 76 Filed O3/28/2008 Page 4 of 4
(10) pages. Parties may file stipulated and unopposed Orders with the Clerk of the Court for the
Cou1t’s review and signing. The Court will not consider applications and requests submitted by
letter or in a form other than a motion.
(a) No facsimile transmissions will be accepted. _
(b) No telephone calls shall be made to Chambers.
(c) Any party with a true emergency matter requiring the assistance of the
Court shall e-mail Chambers at: [email protected]. gov. The e—mail shall provide a short
statement describing the emergency.
8. Pretrial Conference and Trial. After reviewing the pa.rties’ Proposed
Scheduling Order, the Court will schedule a Pretrial Conference.
The Court will determine whether the trial date should be scheduled when the
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.
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