Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Filing 419

JOINT STATEMENT of counsel to Propose Amendments to LR 16.1(D) Scheduling Order. (Toms, Keith)

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Amgen Inc. v. F. Hoffmann-LaRoche LTD et al Doc. 419 Case 1:05-cv-12237-WGY Document 419 Filed 04/20/2007 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) Plaintiff, ) ) v. ) ) ) F. HOFFMANN-LA ROCHE ) LTD, a Swiss Company, ROCHE ) DIAGNOSTICS GmbH, a German ) Company and HOFFMANN-LA ROCHE ) INC., a New Jersey Corporation, ) ) Defendants. ) __________________________________________) AMGEN INC., Civil Action No.: 05-12237 WGY PROPOSED AMENDED LR 16.1(D) JOINT STATEMENT At the Rule 16.1 Conference with the Court on October 23, 2006, the Court scheduled this case to be placed on the running trial calendar for September 2007. On November 7, 2006, the Court entered the parties' Joint Amended LR16.1(D) Statement. Since then the parties have worked diligently to comply with the Court's schedule. The parties have conferred further on certain of the scheduled items and respectfully request the following amendments (the proposed amended dates are in italics and underlined) without changing any of the Court ordered dates for the Pre-Trial or Trial Calendar. All other Court-Ordered dates and deadlines will remain unchanged: 464897 Case 1:05-cv-12237-WGY Document 419 Filed 04/20/2007 Page 2 of 7 EVENT CURRENT DATE INITIAL DISCLOSURES AND PLEADINGS PARTIES' PROPOSAL Initial disclosures and information required by Fed. R. Civ. P. 26(a)(1) shall be exchanged by: All motions to join other parties (other than entities related to the current parties) shall be filed on or before: Roche shall file its Answer and Counterclaims on or before: All motions to amend the pleadings under Fed. R. Civ. P. 15(a) shall be filed on or before: November 6, 2006 No Change November 6, 2006 No Change November 6, 2006 No Change December 8, 2006 No Change DISCOVERY Discovery may commence on: Interrogatories: October 24, 2006 A maximum of 40 unique interrogatories shall be permitted for each side. For example, Amgen (collectively with Ortho Biotech Products, L.P., if it is permitted to intervene) may serve the same 40 interrogatories on each of the Defendants, but may not serve 120 unique interrogatories by propounding different No change No change1 1 Defendants agree that they shall supplement their contention Interrogatory Responses to Interrogatories 9, 10 and 11 by May 1, 2007. -2- Case 1:05-cv-12237-WGY Document 419 Filed 04/20/2007 Page 3 of 7 EVENT CURRENT DATE interrogatories to the different Defendants. No one interrogatory may require that a party explain its response to more than one request for admission. Contention interrogatories may be served at any time during the discovery period, provided that they are served in sufficient time to permit responses to be timely served in accordance with the Federal Rules before the fact discovery cutoff. PARTIES' PROPOSAL Requests for Admission: 40 unique Requests for Admission Each party shall: (1) propound their initial requests for production of documents no later than October 30, 2006; (2) propound any two additional requests for production of documents to be served at any time but no later than January 8, 2007; (3) respond and produce documents according to applicable Federal Rules; and (4) complete production of all responsive documents by March 9, 2007. No change Document Production: No Change Depositions Not included No Change -3- Case 1:05-cv-12237-WGY Document 419 Filed 04/20/2007 Page 4 of 7 EVENT CURRENT DATE PARTIES' PROPOSAL No Change All motions to compel must be Before the close of the filed: applicable discovery period. Fact discovery shall be completed by: Initial reports of experts on issues for which a party bears the burden of proof are due on: Rebuttal reports of responding experts are due on: Any party desiring to depose an expert witness shall notice and complete said deposition no later than: April 2, 2007 No Change April 9, 2007 No Change April 27, 2007 May 11, 2007 May 11, 20072 June 8, 2007 CLAIMS CONSTRUCTION Both parties' opening briefs setting forth their respective claims construction positions shall be filed and served no later than: Both parties' responsive briefs shall be filed and served no later than: March 5, 2007 No change March 19, 2007 No change 2 Plaintiff Amgen will withdraw its Motion to Strike Belately Disclosed Invalidity and Unenforceability Allegations and for More Time to Respond to Roche's Expert Reports, and related submissions, filed on April 13, 2007, Docket Nos. 385, 386 and 388 at such time as the Court grants the proposed amendment for extension of time. -4- Case 1:05-cv-12237-WGY Document 419 Filed 04/20/2007 Page 5 of 7 EVENT Subject to the Court's schedule, a Markman hearing on construction of disputed claim terms shall be held: CURRENT DATE PARTIES' PROPOSAL No change Before April 17, 2007 DISPOSITIVE MOTIONS Any case dispositive motion pursuant to the Federal Rules of Civil Procedure shall be filed and served with an opening brief on or before: Any opposition to a case dispositive motion shall be filed and served within: Any reply in support of a case dispositive motion shall be filed and served within: Hearing on case-dispositive motions shall be held before: May 18, 2007 June 8, 2007 14 days after service of the motion No change 7 days after service of any opposition to such motion. No change At such time before the Trial Date that is convenient to the Court. PRE-TRIAL AND TRIAL No change Trial should commence in Courtroom No. 18, United States Courthouse, One Courthouse Way, Boston, Massachusetts, at 9:00 a.m. EDT on: September 2007 Running Calendar No change -5- Case 1:05-cv-12237-WGY Document 419 Filed 04/20/2007 Page 6 of 7 April 20, 2007 Respectfully submitted, AMGEN INC., Plaintiff By its attorneys, /s/ Patricia R. Rich D. DENNIS ALLEGRETTI (BBO#545511) MICHAEL R.GOTTFRIED (BBO#542156) PATRICIA R. RICH (BBO#640578) DUANE MORRIS LLP 470 Atlantic Avenue, Suite 500 Boston, MA 02210 Telephone: (617) 289-9200 Facsimile: (617) 289-9201 LLOYD R. DAY, JR. DAVID M. MADRID LINDA A. SASAKI-BAXLEY DEBORAH E. FISHMAN DAY CASEBEER MADRID & BATCHELDER LLP 20300 Stevens Creek Boulevard, Suite 400 Cupertino, CA 95014 Telephone: (408) 873-0110 Facsimile: (408) 873-0220 WILLIAM GAEDE III McDERMOTT WILL & EMERY 3150 Porter Drive Palo Alto, CA 94304 Telephone: (650) 813-5000 Facsimile: (650) 813-5100 MICHAEL F. BORUN KEVIN M. FLOWERS MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago IL 60606 Telephone: (312) 474-6300 Facsimile: (312) 474-0448 Of Counsel: STUART L. WATT WENDY A. WHITEFORD MONIQUE L. CORDRAY DARRELL G. DOTSON KIMBERLIN L. MORLEY AMGEN INC. One Amgen Center Drive Thousand Oaks, CA 91320-1789 (805) 447-5000 -6- Case 1:05-cv-12237-WGY Document 419 Filed 04/20/2007 Page 7 of 7 F. HOFFMANN-LA ROCHE, LTD, ROCHE DIAGNOSTICS GmbH, and HOFFMANN LA ROCHE, INC., Defendants By their attorneys, /s/ Keith E. Toms LEE CARL BROMBERG (BBO#058480) JULIA HUSTON (BBO#562160) KEITH E. TOMS (BBO#663369) NICOLE A. RIZZO (BBO#663853) BROMBERG & SUNSTEIN LLP 125 Summer Street Boston, MA 02210 Telephone: (617) 443-9292 LEORA BEN-AMI (pro hac vice) MARK S. POPOFSKY (pro hac vice) PATRICIA A. CARSON (pro hac vice) THOMAS F. FLEMING (pro hac vice) HOWARD S. SUH (pro hac vice) PETER FRATANGELO (BBO# 639775) KAYE SCHOLER LLP 425 Park Avenue New York, NY 10022 Tel: (212) 836-8000 CERTIFICATE OF SERVICE I hereby certify that this document, filed through the ECF system, will be sent electronically to the registered participants as identified on the Notice of Electronic Filing and paper copies will be sent to those indicated as non-registered participants on April 23, 2007. /s/ Keith E. Toms Keith E. Toms 3099/501 655746 -7-

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