Takeda Pharmaceutical Co., Ltd. et al v. Mylan Inc. et al

Filing 83

CASE MANAGEMENT ORDER. Signed by Judge Lucy Koh on 7/31/14. (lhklc5S, COURT STAFF) (Filed on 7/31/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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TAKEDA PHARMACEUTICAL CO., LTD.,
TAKEDA PHARMACEUTICALS AMERICA,
INC., and TAKEDA PHARMACEUTICALS
U.S.A. INC.,
Plaintiff,

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v.
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MYLAN INC. AND MYLAN
PHARMACEUTICALS, INC.,
Defendants.

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Case Nos.: 13-CV-04001-LHK
13-CV-04002-LHK
14-CV-00314-LHK
CASE MANAGEMENT ORDER

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Clerk: Martha Parker Brown
Reporter: Lee-Anne Shortridge

Plaintiffs’ Attorneys: Heather Takahashi and Tina Arroyo
Defendants’ Attorneys: Alexander Lorenzo and Poopak
Banky

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A case management conference was held on July 31, 2014. A further case management
conference is set for November 5, 2014, at 2:00 p.m.
The Markman tutorial and claim construction hearing shall be combined and held on
October 2, 2014. An additional claim construction hearing will be held on October 9, 2014 if
necessary. The parties shall brief any indefiniteness arguments together with claim construction.
All briefing deadlines and page limits remain as set.
The parties shall file by August 4, 2014 a joint settlement status report with the date of a
settlement conference with Magistrate Judge Corley. The parties shall file by September 15, 2014
a further joint settlement status report.
The case schedule otherwise remains as previously set:

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Case Nos.: 13-CV-04001-LHK; 13-CV-04002-LHK; 14-CV-00314-LHK
CASE MANAGEMENT ORDER

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Scheduled Event
Deadline to Join Parties and Amend Pleadings
Initial Disclosures Due
Disclosure of asserted claims and infringement
contentions (Patent L.R. 3-1, 3-2)
Invalidity contentions (Patent L.R. 3-3, 3-4)
Proposed claim terms for construction (Patent L.R. 4-1)
Deadline for Disclosure of Expert Witness for Claim
Construction
Parties exchange preliminary claim constructions and
identify supporting evidence and experts (Patent L.R. 4-2)
Joint Claim Construction and Prehearing Statement
(Patent L.R. 4-3)
Close of Claim Construction Discovery
Deadline for Joint Settlement Status Report with date for
settlement conference with Magistrate Judge Corley
Takeda’s Opening Claim Construction Brief (Patent L.R.
4-5)
Deposition(s) of Takeda’s Expert(s) on Claim
Construction
Claim Construction Oppositions (Patent L.R. 4-5)
Deposition(s) of Mylan’s Expert(s) on Claim Construction
Deadline for Joint Settlement Status Report
Claim Construction Replies (Patent L.R. 4-5)
Markman Tutorial and Claim Construction Hearing
Fact Discovery Cut Off
Opening Expert Reports (Takeda will provide any report
on secondary considerations at this time)
Expert Depositions Related to Initial Expert Reports
Rebuttal Expert Reports
Expert Depositions Related to Rebuttal Expert Reports
Reply Expert Reports
Close of Expert Discovery
Last Day to File Disposition Motions
Opposition briefs on dispositive motions
Reply briefs on dispositive motions
Hearing on dispositive motions
Final Pretrial conference
Trial
Length of Trial

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IT IS SO ORDERED.

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Dated: July 31, 2014

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United States District Court
For the Northern District of California

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Date
November 26, 2014
February 12, 2014
February 28, 2014
April 18, 2014
May 2, 2014
May 23, 2014
May 23, 2014
June 20, 2014
July 20, 2014
August 4, 2014
August 7, 2014
August 14 to August 29, 2014
September 5, 2014
September 9 to September 16, 2014
September 15, 2014
September 18, 2014
October 2, 2014
February 27, 2015
May 6, 2015
May 11 to May 22, 2015
May 27, 2015
June 1 to June 12, 2015
June 19, 2015
June 26, 2015
July 10, 2015
July 31, 2015
August 14, 2015
September 10, 2015
October 15, 2015
November 9, 2015
2-3 weeks

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LUCY H. KOH
United States District Judge

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Case Nos.: 13-CV-04001-LHK; 13-CV-04002-LHK; 14-CV-00314-LHK
CASE MANAGEMENT ORDER