Forest Laboratories Inc. et al v. Teva Pharmaceuticals USA Inc. et al

Filing 208

MEMORANDUM ORDER re various motions in limine; (196 in 1:14-cv-00121-LPS, 203 in 1:14-cv-00200-LPS, 182 in 1:14-cv-00686-LPS) MOTION to Limit Opinions of Howard Martin Fillit M.D. is DENIED. Signed by Judge Leonard P. Stark on 2/9/16. Associated Cases: 1:14-cv-00121-LPS, 1:14-cv-00200-LPS, 1:14-cv-00686-LPS(ntl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FOREST LABORATORIES, INC.,
FOREST LABORATORIES HOLDINGS,
LTD. , MERZ PHARMA GMBH & CO.
KGAA, MERZ PHARMACEUTICALS
GMBH, and ADAMAS
PHARMACEUTICALS, INC.,
Plaintiffs,
C.A. No. 14-121-LPS

v.
TEVA PHARMACEUTICALS USA, INC. ,
WOCKHARDT USA LLC, WOCKHARDT
BIO AG, WOCKHARDT LTD. , SUN
PHARMA GLOBAL FZE, and SUN
PHARMACEUTICAL INDUSTRIES ,
LTD.,
Defendants.
FOREST LABORA TORIES , INC.,
FOREST LABORA TORIES HOLDINGS ,
LTD., and ADAMAS
PHARMACEUTICALS, INC. ,
Plaintiffs,
v.

C.A. No . 14-200-LPS
APOTEX CORP., APOTEX INC., ZYDUS
PHARMACEUTICALS (USA), INC.,
CADILA HEALTHCARE LTD. (d/b/a/
ZYDUS CAD ILA), PAR
PHARMACEUTICAL, INC. , ANCHEN
PHARMACEUTICALS, INC. , and
ACTA VIS LABORATORIES FL, INC.,
Defendants.

FOREST LABO RA TORIES, INC. ,
FOREST LABORATORIES HOLDINGS,
LTD. , and ADAMAS
PHARMACEUTICALS, INC.,
Plaintiffs,
C.A. No. 14-686-LPS
v.

RANBAXY INC., RANBAXY
LABORATORIES LIMITED, and TEVA
PHARMACEUTICALS USA, INC.,
Defendants.

MEMORANDUM ORDER
At Wilmington this 9th day of February, 2016, having reviewed the parties' briefs and
related filings with respect to the Proposed Pretrial Order (D.I. 206) 1 and Defendants' Daubert
Motion to Limit Opinions of Howard Martin Fillit M.D. (D.I. 196) ("Defendants' Daubert
Motion"), IT IS HEREBY ORDERED that:
1.

Plaintiffs and Defendants shall be allocated between twelve (12) and fifteen (15)

hours for presentation of their respective cases at the upcoming bench trial for the abovecaptioned cases, to be determined at the pretrial conference on February 11 , 2016. The bench
trial shall be held at some or all of the following times, subject to the overall allocation of time to
each side: (i) Tuesday, February 16: 8:30 a.m .-6:00 p.m.; (ii) Wednesday, February 17: 9:30
a.m.-3 :00 p.m; (iii) Thursday, February 18 : 8:30 a.m.-4:30 p.m.; (iv) Monday, February 22: 8:30
a.m.-6:00 p.m. ; and (v) Tuesday, February 23: 8:30 a.m.-6:00 p.m .

1

All docket citations are to C.A. No. 14-121.
1

2.

Defendants ' motion in limine ("MIL") 1 is DENIED. The Court disagrees with

Defendants ' assertion that Plaintiffs ' "lack of motivation" arguments are irrelevant to the
remaining asserted patent claims. Defendants shall be permitted to call Dr. Kornak to testify as
an expert witness.
3.

Defendants ' MIL 2 is DENIED. Defendants shall be permitted to depose Dr.

Taglietti for up to two (2) hours before trial to mitigate any unfair surprise with respect to Dr.
Taglietti 's late identification as a trial witness.
4.

Plaintiffs' MIL 1 is GRANTED . The Court disagrees with Defendants ' argument

that their new non-infringement theory, disclosed for the first time on January 26, 2016, was
justified as a response to arguments in an expert report filed by Dr. Polli more than two months
before Defendants disclosed their new theory, given the proximity to trial.
5.

Defendants' Daubert Motion (D.I. 196) is DENIED, for the reasons given above

with respect to Defendants ' MIL 1, and additionally because Dr. Fillit's testimony will be helpful
to the Court, as trier of fact, with respect to motivation to produce an extended-release form of
memantine.
6.

The parties shall be prepared to argue Defendants ' MIL 3 and, specifically,

whether and why (or why not) Dr. Derendorfs deposition testimony falls under the hearsay
exception in Federal Rule of Evidence 804(b)(l ).

HON. LEONARD P. STARK
UNITED STATES DISTRICT JUDGE
2