Filed: Jul. 11, 2017
Latest Update: Jul. 11, 2017
Summary: STIPULATION AND SCHEDULING ORDER RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rule 7-12, Plaintiffs Amgen Inc. and Amgen Manufacturing, Limited and Defendants Sandoz Inc., Sandoz International GmbH, Sandoz GmbH, and Lek Pharmaceuticals, d.d. through their undersigned counsel, hereby stipulate as follows: WHEREAS, on May 4, 2017, the Parties submitted a Further Case Management Statement (-04741 Dkt. No. 240) setting forth reasons for requesting an extension of the schedule and
Summary: STIPULATION AND SCHEDULING ORDER RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rule 7-12, Plaintiffs Amgen Inc. and Amgen Manufacturing, Limited and Defendants Sandoz Inc., Sandoz International GmbH, Sandoz GmbH, and Lek Pharmaceuticals, d.d. through their undersigned counsel, hereby stipulate as follows: WHEREAS, on May 4, 2017, the Parties submitted a Further Case Management Statement (-04741 Dkt. No. 240) setting forth reasons for requesting an extension of the schedule and ..
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STIPULATION AND SCHEDULING ORDER
RICHARD SEEBORG, District Judge.
Pursuant to Civil Local Rule 7-12, Plaintiffs Amgen Inc. and Amgen Manufacturing, Limited and Defendants Sandoz Inc., Sandoz International GmbH, Sandoz GmbH, and Lek Pharmaceuticals, d.d. through their undersigned counsel, hereby stipulate as follows:
WHEREAS, on May 4, 2017, the Parties submitted a Further Case Management Statement (-04741 Dkt. No. 240) setting forth reasons for requesting an extension of the schedule and proposing separate modified schedules to extend the dates;
WHEREAS, following a Further Case Management Conference (-04741 Dkt. No. 246, -02581 Dkt. No. 79) and the Parties submissions of modified schedules, the Court entered an order setting the schedule through dispositive motions (-04741 Dkt. No. 248, -02581 Dkt. No. 81) and through trial (-04741 Dkt. No. 253, -02581 Dkt. No. 87);
WHEREAS, there have been no other scheduling modifications since the Court entered the Case Management Scheduling Order on October 28, 2016 (-04741 Dkt. No. 220, -02581 Dkt. No. 56) and modified the schedule through dispositive motions on May 15, 2017 (-04741 Dkt. No. 248, -02581 Dkt. No. 81); and modified the schedule through trial on May, 19, 2017 (-04741 Dkt. No. 253, -02581 Dkt. No. 87);
WHEREAS, the Parties agree that a short extension in the deadlines for exchange of expert reports is needed and have now further agreed to the proposed modified expert discovery dates for the exchange of opening expert reports, rebuttal expert reports, and reply expert reports as set forth below;
WHEREAS, the requested extensions will change the Court's previous scheduling order only as to the deadlines for the exchange of expert reports;
NOW, THEREFORE, the parties hereby jointly request the modified schedule as set forth below.
Proposed Revised Schedule
Amgen v. Sandoz, Case No. 3:14-cv-04741-RS (N.D. Cal.)
Amgen v. Sandoz, Case No. 3:16-cv-02581RS (N.D. Cal.)
Description Current Date from Court's Parties' Proposed Date
Scheduling Order
Opening Expert Reports (on 7/14/2017 7/28/2017
issues where the party bears
the burden of proof)
Rebuttal Expert Reports 8/18/2017 9/1/2017
Reply Expert Report (to 9/1/2017 9/15/2017
rebut any alleged secondary
considerations of non-obviousness,
which shall be
addressed first by Amgen in
its Rebuttal Expert Reports)
Completion of Expert 10/6/2017 10/6/2017 (Unchanged)
Discovery
Next mediation before 9/7/2017 9/7/2017 (Unchanged)
Deadline for Dispositive 10/25/2017 10/25/2017 (Unchanged)
Motions
Dispositive Motion 11/13/2017 11/23/2017 (Unchanged)
Responsive Briefs
Dispositive Motion Reply
Briefs 11/21/2017 11/21/2017 (Unchanged)
Dispositive Motion Hearing 12/7/2017 12/-20/2017 (Unchanged)
or at the Court's convenience or at the Court's convenience
(Uncharged)
Pretrial Meet and Confer 12/20/2017 12/20/2017 (Unchanged)
[21 Days prior to the final
Pretrial Conference; Judge
Seeborg Guidelines, ¶ A]
Joint Pretrial Statement and 1/16/2018 1/16/2018 (Unchanged)
Order, Pretrial Exchanges,
and Motions in Limine [10
days prior to the final
Pretrial Conference; Judge
Seeborg Guidelines, ¶¶ B,
D]
Jury Voir Dire Questions, 1/23/2018 1/23/2018 (Unchanged)
Proposed Jury Instructions,
and Proposed Jury Verdict
Forms [5 days prior to the
final Pretrial Conference;
Judge Seeborg Guidelines,
¶ D]
Oppositions to Motions in 1/25/2018 1/25/2018 (Unchanged)
Limine [3 days prior to final
Pretrial Conferences; Judge
Seeborg Guidelines, ¶¶ B,
D]
Pretrial Conference 1/30/2018 1/30/2018 (Unchanged)
Optional Trial Briefs, 1/31/2018 1/31/2018 (Unchanged)
Deposition and Discovery
Designations [5 days prior
to Trial; Judge Seeborg
Guidelines, ¶ D]
Trial 3/26/2018 3/26/2018 (Unchanged)
PURSUANT TO STIPULATION, IT IS SO ORDERED.
