Roxane Laboratories, Inc. v. Abbott Laboratories

Filing 74

AMENDED ORDER Plaintiff is ORDERED to file, no later than February 22, 2013, a motion to modify the joint claim construction statement. Defendant may have until February 27, 2013 to respond and plaintiff may have until March 1, 2013 to reply. Signed by Magistrate Judge Norah McCann King on 2/20/13. (rew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

ROXANE LABORATORIES, INC.,
Plaintiff,
vs.

Civil Action 2:12-cv-312
Judge Watson
Magistrate Judge King

ABBOTT LABORATORIES,
Defendant.

AMENDED ORDER

On February 19, 2013, the Court conferred with counsel for all
parties, by telephone, regarding the pretrial schedule.
The parties filed their joint claim construction statement on
December 19, 2012.

Doc. No. 65.

Opening claim construction briefs

were due on February 19, 2013 and responsive claim construction briefs
are due by March 21, 2013.
p. 3.

Preliminary Pretrial Order, Doc. No. 29,

Shortly before the opening claim construction briefs were to be

filed, plaintiff notified defendants of its intention to modify the
joint

claim

construction

statement.

Defendants

oppose

any

such

modification and ask that, if the modification is permitted, they be
granted

at

least

sixty

(60)

days

to

conduct

discovery,

including

expert discovery, prior to the filing of opening claim construction
briefs.
Plaintiff is ORDERED to file, no later than February 22, 2013, a
motion to modify the joint claim construction statement.

Defendants

may have until February 27, 2013 to respond and plaintiff may have
until March 1, 2013 to reply.

The parties’ memoranda must address the

need and justification for any requested modification, see Fed. R.
Civ. P. 16(b)(4), and the impact of any modification on the current
pretrial schedule.
The
responsive

dates
claim

No memorandum may exceed seven (7) pages.

for

filing

opening

construction

briefs

claim
are

construction
SUSPENDED

briefs

pending

order of the Court.

s/Norah McCann King
Norah McCann King
United States Magistrate Judge
Date: February 20, 2013

2

and

further