Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :O7—cv—OO713-JJF Document 13 Filed O2/18/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
GLAXO GROUP LTD and SMITI-HQLINE )
BEECHAM CORPORATION d/b/a )
GLAXOSMITHKLINE, )
)
Plaintiffs, )
) C.A. No. 07-713 (JJF)
v. )
)
TEVA PHARMACEUTICALS USA, INC., )
)
Defendant. )
SCHEDULING ORDER
The parties having satisied their obligations under Fed. R. Civ. P. 26(t),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange the information
required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.2 by February 22, 2008.
2. Joinder of other Parties. All motions to join other parties shall be Hled on
or before May 9, 2008.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Stark for purposes of exploring the possibility of a settlement. Ifthe parties
agree they would benefit from a 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.

Case 1 :O7—cv—OO713-JJF Document 13 Filed 02/18/2008 Page 2 of 4
4. Discovery.
(a) The parties will use their good faith efforts to substantially complete
the exchange and completion of contention interrogatories, identiication of fact wimesses and
document production by August 29, 2008.
(b) Maximmn of twenty-five (25) interrogatories, including contention
interrogatories, for each side.
(c) Maximum of fifty (50) requests for admission by each side.
(d) Maximum of ten (10) depositions by plainti& and ten (10) depositions
by defendant, excluding expert depositions. Depositions shall not commence until the discovery
required by Paragraph 4(a, b and c) is completed. All fact discovery shall be completed by
January 30, 2009.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a) (2) are
due from the party bearing the burden of proof on March 6, 2009, with rebuttal expert reports irom the
opposing party due on April 17, 2009, and reply expert reports to the rebuttals due on May 8, 2009.
(i) Any party desiring to depose an expert witness shall notice and
complete said deposition no later than June 26, 2009, unless otherwise agreed in writing by the
parties or ordered by the Court. Depositions of expert witnesses are not to begin until after reply
reports are served.
5. 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)
2

Case 1 :O7—cv—OO713-JJF Document 13 Filed O2/18/2008 Page 3 of 4
days of the filing of the motion and allow for briefmg in accordance with the Federal and Local
Rules. Available motion dates will be posted on the Court’s website at .
(b) At the motion hearing, each side will be allocated twenty (20)
minutes to argue and respond to questions &om the Court.
(c) Upon filing of the Notice of Motion, a copy of said Notice shall be
sent to Chambers by-email at: jjf [email protected].
6. Amendment of the Pleadings. All motions to amend the pleadings shall
be filed on or before October 31, 2008.
_ 7. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules of Civil Procedure, shall be served and iiled with an opening brief on or before
August 28, 2009. Brieiing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may
be iiled more than ten (10) days from the above date without leave of the Court. The Court will
issue a separate Order regarding procedures for iiling smnmary judgment motions.
8. Markman. A Marlcman Hearing shall be held on November 13, 2008. The
Parties shall present their claim construction issues to the Cotu·t according to the following
schedule:
(a) On September 11, 2008, the Parties shall exchange a list of claim terms and
proposed constructions.
(b) On September 25, 2008, the Parties shall iile a joint claim construction chart.
(c) On October 9, 2008, the Parties shall tile opening briefs on claim
construction.
(d) On October 30, 2008, the Parties shall iile rebuttal briefs on claim
construction.
3

Case 1 :O7—cv—OO713-JJF Document 13 Filed O2/18/2008 Page 4 of 4
9. Applications by Motion.
(a) Any applications to the Court shall be by written motion tiled with
the Clerk of the Court in compliance with the Federal Rules of Civil Procedure and the Local Rules
l of Civil Practice for the United States District Court for the District of Delaware (Amended
Effective January 1, 1995). Any non-dispositive motion shall contain the statement 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-dispositive motions in Patent Cases. Parties may tile 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: jjf [email protected]. The e-mail shall provide a
short statement describing the emergency.
10. Pretrial Conference and Trial. After reviewing the parties’ 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.
2% &;3
DAT ED S A DISTRICT JUD
\

Case 1:07-cv-00713-JJF

Document 13

Filed 02/18/2008

Page 1 of 4

Case 1:07-cv-00713-JJF

Document 13

Filed 02/18/2008

Page 2 of 4

Case 1:07-cv-00713-JJF

Document 13

Filed 02/18/2008

Page 3 of 4

Case 1:07-cv-00713-JJF

Document 13

Filed 02/18/2008

Page 4 of 4