UNITED HEALTHCARE SERVICES, INC. v. CEPHALON, INC. et al

Filing 255

ORDER THAT DEFENDANTS' MOTION IS GRANTED IN PART AND DENIED IN PART IN REFERENCE TO THE MEMORANDUM OPINION. IT IS FURTHER ORDERED THAT AT THE JULY 17, 2019 MEDIATION CONFERENCE, THE PARTIES SHALL BE PREPARED TO DISCUSS POTENTIAL TRIAL DATES AND TRIAL SCHEDULING. MOTION #189 IS TERMINATED.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/8/2019. 7/9/2019 ENTERED AND COPIES MAILED AND E-MAILED.(dmc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED HEALTHCARE SERVICES, INC.,
Plaintiff,

v.
CEPHALON, INC.,
Defendants.

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CIVIL ACTION

No. 17-555

ORDER
AND NOW, this 8th day of July, 2019, upon consideration of the Motion by Defendants Sun
Pharmaceutical Industries, Ltd., Ranbaxy Laboratories, Ltd., and Ranbaxy Pharmaceuticals, Inc.
(collectively, “Ranbaxy”) to Preclude Plaintiff United Healthcare Services, Inc. (“UHS”) from
Asserting New Experts, New Expert Opinions, and New Legal Theories at this Late Stage of the Case
(Doc. No. 189), UHS’s Response (Doc. No. 190), Ranbaxy’s Reply (Doc. No. 194), UHS’s Proffer of
Expert Testimony (Doc. No. 228), Ranbaxy’s Supplemental Brief (Doc. No. 233), Defendant Mylan
Pharmaceuticals, Inc.’s (“Mylan”) Supplement Brief (Doc. No. 235), UHS’s Supplemental
Memorandum in Opposition (Doc. No. 234), and Ranbaxy’s Response to Correct the Record (Doc.
No. 237), and following an oral argument, it is hereby ORDERED that the Motion is GRANTED IN
PART and DENIED IN PART, as follows:
1. The testimony of Dr. Rena Conti regarding causation and the potential generic entry date
is excluded. Subject to other objections, UHS may designate either Dr. Conti or Dr. Hal
Singer to opine that Cephalon’s Provigil maintained a monopoly in the relevant market.
Should UHS designate Dr. Conti as the expert on the subject of Cephalon’s market power,
Mylan and Ranbaxy may each take Dr. Conti’s deposition on solely this topic for four
hours of questioning (eight hours total), at a time and place convenient to Defendants.

2. The testimony of Dr. Alessandra Barazza is not excluded. Ranbaxy may take a single
deposition of Dr. Barazza, of no more than six hours, at a time and place convenient to
Ranbaxy.
3. The testimony of Thomas Hoxie is not excluded. Ranbaxy may take a single deposition of
Mr. Hoxie, of no more than six hours, on solely the portion of his expert report pertaining
to the reasonableness of the modafinil IP license issued by Ranbaxy to Cephalon. The
deposition will occur at a time and place convenient to Ranbaxy. Ranbaxy’s experts, Mr.
Berneman and Dr. Bell, may amend their reports to address only this topic, and UHS will
not be permitted to take any further discovery on these amended reports.
4. The testimony of Dr. Scott Hemphill is not excluded. Mylan and Ranbaxy may take Dr.
Hemphill’s deposition for four hours of questioning each (eight hours total), at a time and
place convenient to Defendants. Mylan and Ranbaxy may amend their expert reports, but
solely to respond to this opinion. UHS will not be permitted to take any further discovery
on these amendments.
5. The testimony of Jack Tupman is not excluded.
6. None of these rulings shall preclude Defendants from seeking to exclude the foregoing
experts on Daubert or any other grounds.
7. UHS is reminded that, at trial, it will likely not be permitted to present multiple expert
witnesses on the same issue.
It is further ORDERED that at the July 17, 2019 mediation conference, the parties shall be
prepared to discuss potential trial dates and trial scheduling.

BY THE COURT:

/s/ Mitchell S. Goldberg
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MITCHELL S. GOLDBERG,
J.