Free Scheduling Order - District Court of Delaware - Delaware

Case 1:04-cv—00171-GMS Document 92 Filed 05/22/2006 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GLAXO GROUP LIMITED, )
Plaintiff, )
v. ) Civil Action N0. 04-171-KAJ
TEVA PHARMACEUTICALS USA, INC. g
and TEVA PHARMACEUTICAL )
INDUSTRIES LIMITED, )
Defendants. )
SECOND AMENDED SCHEDULING ORDER
At Wilmington, this 22“°' day of May, 2006,
IT IS ORDERED that the Court’s Scheduling Order dated August 5, 2004 (D.l.
24) and Amended Scheduling Order dated December 13, 2005 (D.I. 75) are amended
as follows:
1. Expert Testimony. Depositions of expert witnesses shall be completed on
or before June 30, 2006.
2. Case Dispositive Motions. All case dispositive motions, an opening brief,
and affidavits, if any, in support of the motion shall be served and filed on or before
June 30, 2006; answering briefs shall be filed on or before July 28, 2006; and reply
briefs shall be filed on or before August 25, 2006.
3. Claim Construction Issue Identification. Ifthe Court does not find that a
limited earlier claim construction would be helpful in resolving the case, on June 15,
2006, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe
need construction and their proposed claim construction of those term(s)/phrase(s).

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This document will not be filed with the Court. Subsequent to exchanging that list, the
parties will meet and confer to prepare a Joint Claim Construction Chart to be submitted
pursuant to paragraph 12 below. The parties Joint Claim Construction Chart should
identify for the Court the term(s)/phrase(s) ofthe c|aim(s) in issue, and should include
each party’s proposed construction of the disputed claim language with citation(s) only
to the intrinsic evidence in support of their respective proposed constructions. A copy
of the patent(s) in issue as well as those portions of the intrinsic record relied upon are
to be submitted with this Joint Claim Construction Chart. ln this joint submission, the
parties shall not provide argument.
4. Claim Construction. Issues of claim construction shall be submitted to the
Court no later than June 30, 2006, to be considered by the Court in conjunction with the
parties’ summary judgment motions. Answering briefs shall be filed on or before
July 28, 2006.
5. Hearing on Claim Construction. Beginning at 2:00 p.m. on September 7,
2006, the Court will hear evidence and argument on claim construction and summary
judgment.
14. Applications by Motion. Except as otherwise specified herein, any
application to the Court shall be by written motion filed with the Clerk. Unless otherwise
requested by the Court, counsel shall not deliver copies of papers or correspondence to
Chambers. Any non-dispositive motion should contain the statement required by Local
Rule 7.1.1.
15. Pretrial Conference. On February 5, 2007, the Court will hold a Final
Pretrial Conference in Chambers with counsel beginning at 4:00 p.m. Unless otherwise
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ordered by the Court, the parties should assume that filing the pretrial order satisfies
the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3).
The parties shall file with the Court the joint proposed final pretrial order with the
information required by the form of Final Pretrial Order which accompanies this
Scheduling Order on or before January 5, 2007.
16. Motions in Limine. Motions in limine shall not be separately filed. All in
limine requests and responses thereto shall be set forth in the proposed pretrial order.
Each party shall be limited to five in limine requests, unless otherwise permitted by the
Court. The in limine request and any response shall contain the authorities relied upon;
each in limine request may be supported by a maximum of five pages of argument and
may be opposed by a maximum of five pages of argument. lf more than one party is
supporting or opposing an in limine request, such support or opposition shall be
combined in a single five (5) page submission, unless otherwise ordered by the Court.
No separate briefing shall be submitted on in limine requests, unless otherwise
permitted by the Court.
16. Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is
to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file proposed
voir dire, instructions to the jury, and special verdict forms and jury interrogatories three
full business days before the final pretrial conference. That submission shall be
accompanied by a computer diskette (in WordPerfect format) which contains the
instructions, proposed voir dire, special verdict forms, and jury interrogatories.
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17. Trial. This matter is scheduled for a 10 day bench trial beginning at 9:30
a.m. on March 5, 2007. For the purpose of completing pretrial preparations, counsel
should plan on each side being allocated a total of 30 hours to present their case.
All other deadlines as set forth in the Court’s Scheduling Order dated August 5,
2004 (D.|. 24) and Amended Scheduling Order dated December 13, 2005 (D.I. 75) shall
remain in effect.

l - . ,.&¢./’
U ITED ST ICT JUDGE
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