HIP HEALTH PLAN OF F, et al v. SCHERING-PLOUGH, et al

Filing 758

ORDER ADOPTING REPORT AND RECOMMENDATIONS (Docket No. 733). Signed by Judge Joseph A. Greenaway, Jr. on 3/24/10. (dc, )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ____________________________________ : IN RE K-DUR ANTITRUST LITIGATION : : : : This Document Relates To: : : All Direct Purchaser Actions : : ____________________________________:

Civil Action No. 01-1652 (JAG) (consolidated cases) MDL Docket No. 1419 ORDER

GREENAWAY, JR., U.S.C.J.1 On February 6, 2009, Special Master Stephen M. Orlofsky submitted a report and recommendation ("R&R") (Docket No. 733), pursuant to this Court's appointment order (Docket No. 316) and Federal Rule of Civil Procedure 53. In the R&R, Special Master Orlofsky concluded that: (1) the Motion for Summary Judgment as to All Claims Brought by Direct Purchaser Plaintiffs ("DP Plaintiffs") Related to the Upsher Settlement, filed by defendants Schering Plough Corporation ("Schering") and Upsher-Smith Laboratories, Inc. ("Upsher") (collectively, "Defendants"), should be granted; (2) Defendants' Motion for Summary Judgment as to All Claims Brought by DP Plaintiffs Related to the ESI Settlement should be granted; (3) DP Plaintiffs' Motion for Partial Summary Judgment as to the Applicable Framework for Analysis of Exclusion Payments should be denied; and (4) DP Plaintiffs' Motion for Partial Summary Judgment as to the Exclusionary Scope of the '743 Patent should be denied.

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Sitting by designation on the District Court. 1

Pursuant to Federal Rule of Civil Procedure 53(f), DP Plaintiffs filed objections to the R&R. (Docket No. 739.) As required by Rule 53(f), this Court has reviewed de novo the R&R and the submissions of all parties. Based on that review, IT IS, on this 24th day of March, 2010, ORDERED that Special Master Orlofsky's R&R (Docket No. 733) is adopted as the Opinion of this Court; and it is further ORDERED that a copy of this Order be served on all parties within seven (7) days of the date of entry of this Order.

S/Joseph A. Green away, Jr. JOSEPH A. GREEN AWAY, JR., U.S.C.J. (Sitting by designation on the District Court)

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