Free Proposed Order - District Court of Delaware - Delaware

Case 1 :07-cv-00138-JJF Document 25 Filed 07/23/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
. PFIZER INC., )
PFIZER PHARMACEUTICALS, LLC, )
PFIZER LIMITED, )
C.P. PHARMACEUTICALS ) .
NTERNATIONAL C.V., )
PFIZER IRELAND PHARMACEUTICALS,)
WARNERIAMBERT COMPANY, )
WARNER-LAMBERT COMPANY, LLC )
and )
WARN ER—LAMBERT EXPORT LTD. )
)
Plaintiffs/Counterclaim—Defendants, )
)
v. ) Civil Action No. 07-138 (JJF)
J
RANBAXY LABORATORIES )
LIMITED, and RANBAXY INC. ) _
)
Defendants/CountenClaimants. )
JOINT PROPOSED 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:
1. Pre-Discovery 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.
H · 2. J oinder of other Parties. All motions to join other parties shall be filed on or
before January 15, 2008.
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.

Case 1 :07-cv-00138-JJF Document 25 Filed 07/23/2007 Page 2 of 4
(b) Maximum of 25 interrogatories, including contention interrogatories,
for each side.
(c) Maximum of 50 requests for admission by each side.
(d) Depositions shall be limited to a total of 150 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 May 30, 2008.
(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 July 30, 2008; rebuttal
reports by August 30, 2008.
(t) Depositions of experts are to be completed by November 30, 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 (30) days of the
tiling of the 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. 4
(b) At the motion hearing, each side will be allocated twenty (20) minutes
to argue and respond to questions from the Court.
(c) Upon filing ofthe Notice of Motion, a copy of said Notice shall be sent
to Chambers by email at: [email protected]. gov.
5. Amendment of the Pleadings. All motions to amend the pleadings shall be
filed on or before March 15, 2008.

Case 1 :07-cv-00138-JJF Document 25 Filed 07/23/2007 Page 3 of 4
6. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules of Civil Procedure, shall be served and filed with an Opening Brief on or before
January 15, 2009. 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 corut
will issue a separate Order regarding procedures for filing summary judgment motions.
7. Markman. A Markman Hearing will be scheduled at the request of the
parties in September 2008. 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 parties for the hearing.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed with
the Clerk of the 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 made in accordance with the Cou1t’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.

Case 1 :07-cv-00138-JJF Document 25 Filed 07/23/2007 Page 4 of 4
(cl) Any party with a true emergency matter requiring the assistance of
the Court shall e-mail Chambers at: jj [email protected]. gov. The e-mail shall provide a short
statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the parties’ Proposed
Scheduling Order, the Court will schedule a Pretrial Conference. The parties request a Pretrial
Conference in January 2009.
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. The parties request a trial date in
March 2009.
CONNOLLY BOVE LODGE & HUTZ LLP RICHARDS, LAYTON & FINGER, P.A.
/s/ Rudolf E. Hutz /s/ Frederick L. Cottrell III
RudolfE._Hutz (#484) Frederick L. Cottrell III (#2555)
rhutz@,cblh.com Cottrell@,rlf.com
J eftrey B. Bove (#998) Jameson A. L. Tweedie (#4927)
]`[email protected] [email protected]
Mary W. Bourke (#2356) One Rodney Square » _
[email protected] 920 N. King Street
1220 Market Street · Wilmington, DE 19899
P.O. Box 2207 302-651-7700 _
Wilmington, DE 19899 Attorneys for Dekndants/C0unter~
302-658-9141 claimants.
Attorneys for Plczintmsd
Ccurzterclaim-Dekndants.
DATE UNITED STATES DISTRICT JUDGE
553l23vl