PROFOOT, INC. v. BAYER HEALTHCARE LLC et al

Filing 162

MEMORANDUM ORDER Severing Plaintiff's Antitrust Claims from this action; Setting a trial date of 5/10/2016 for Plaintiff's Trademark Claims; Fact Discovery to close on 2/29/2016. Signed by Judge Anne E. Thompson on 12/16/2015. (eaj)

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
PROFOOT, INC.
Plaintiff,
Civ. No. 11-7079
v.
MEMORANDUM ORDER
MSD CONSUMER CARE, INC.,
Defendant.

THOMPSON, U.S.D.J.
IT IS, on this 16th day of December, 2015,
ORDERED that Plaintiff’s Antitrust Claims shall be severed from this action; and it is
further
ORDERED that a trial date of May 10, 2016 shall be set for Plaintiff’s Trademark
Claims; and it is further
ORDERED that Fact Discovery shall close on February 29, 2016; and it is further
ORDERED that the parties shall submit pre-trial memos of no more than ten pages by
April 15, 2016, which must include: a list of witnesses, a brief summary of each witness’
testimony, a list of exhibits, and discussion of any evidence issues for trial. It is further
ORDERED that should Plaintiff prevail on its Trademark Claims, a separate trial shall be
held to determine damages.

/s/ Anne E. Thompson
ANNE E. THOMPSON, U.S.D.J.