Shire LLC et al v. Sandoz Inc.

Filing 10

ORDER SETTING HEARING UNDER FED. R. CIV. P 16. Rule 16 Hearing set for 7/22/2011 at 09:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 5/13/11. (mnf, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 11-cv-01110-PAB SHIRE LLC, SUPERNUS PHARMACEUTICALS, INC., AMY F.T. ARNSTEN, PH.D., PASKO RAKIC, M.D., and ROBERT D. HUNT, M.D., Plaintiffs, v. SANDOZ INC., Defendant. _____________________________________________________________________ ORDER SETTING HEARING UNDER FED. R. CIV. P. 16 _____________________________________________________________________ This matter comes before the Court upon a Complaint filed by the Plaintiffs alleging the infringement of a patent. In light thereof, a hearing pursuant to Fed. R. Civ. P. 16 is appropriate. It is ORDERED that: 1. A hearing is set for July 22, 2011 at 9:00 a.m. in Courtroom A701 at the United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel shall bring their calendars. This is not a scheduling conference. The parties should not submit a proposed scheduling order. 2. Prior to the hearing, the parties shall meet and confer about the following issues and be prepared to address them at the hearing: • Whether there are issues of claim construction. • • • • Whether a hearing will be required under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). If a Markman hearing is required, whether discovery is necessary prior to such hearing. If so, what discovery is required. (This hearing does not substitute for a scheduling conference before the Magistrate Judge.) Whether there are any other issues or impediments to the setting of a Markman hearing. Other appropriate issues enumerated in Fed. R. Civ. P. 16(c). DATED May 13, 2011. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 2

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