APOTEX, INC. v. CEPHALON, INC., 2:06-cv-2768 (2017)
Court: District Court, E.D. Pennsylvania
Number: infdco20170609f85
Visitors: 15
Filed: Jun. 08, 2017
Latest Update: Jun. 08, 2017
Summary: ORDER MITCHELL S. GOLDBERG , District Judge . AND NOW, this 8 th day of June, 2017, in accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that the liability portion of the upcoming trial will be divided into two phases. The first phase will involve only proofs regarding the alleged antitrust violations under the rule of reason. If the jury answers the violation questions in Plaintiffs' favor, a second phase involving causation and injury will commence. It is fur
Summary: ORDER MITCHELL S. GOLDBERG , District Judge . AND NOW, this 8 th day of June, 2017, in accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that the liability portion of the upcoming trial will be divided into two phases. The first phase will involve only proofs regarding the alleged antitrust violations under the rule of reason. If the jury answers the violation questions in Plaintiffs' favor, a second phase involving causation and injury will commence. It is furt..
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ORDER
MITCHELL S. GOLDBERG, District Judge.
AND NOW, this 8th day of June, 2017, in accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that the liability portion of the upcoming trial will be divided into two phases. The first phase will involve only proofs regarding the alleged antitrust violations under the rule of reason. If the jury answers the violation questions in Plaintiffs' favor, a second phase involving causation and injury will commence.
It is further ORDERED that only during the second causation/injury phase will the jury be informed that the relevant patent was invalidated in a proceeding which occurred after the challenged settlement agreements were executed. If the second phase occurs, the Court will accept the parties' input on how to instruct the jury regarding the prior patent ruling.
Source: Leagle
