Scheduling Order

• Author: Kenneth L. Dorsney
• Pages: 733-738

Scheduling Order

IN THE UNITED STATES DISTRICT COURT

[Name of District]

—

[DISTRICT COURT CAPTION]

[PROPOSED] SCHEDULING ORDER

This __ day of ___, 20__, the Court having conducted an initial Rule 16

scheduling and planning conference pursuant to Federal Rule of Civil Procedure 16(b) and

Local Rule ___ on [Date], and the parties having determined after discussion that the

matter cannot be resolved at this juncture by settlement, voluntary mediation, or binding

arbitration;

IT IS ORDERED that:

1. Rule 26(a)(1) Initial Disclosures. The parties will exchange by [Date]

the information required by Fed. R. Civ. P. 26(a)(1) and Local Rule ___.

2. Joinder of Other Parties and Amendment of Pleadings. All motions

to join other parties, and to amend or supplement the pleadings shall be filed on or before

[Date].

3. Discovery. Unless otherwise ordered by the Court, the limitations on

discovery set forth in Local Rule ___ shall be strictly observed.

(a) Order for Discovery of Electronically Stored Information

(“ESI Order”). The parties shall meet and confer regarding a protocol for ESI. If the

parties are not able to reach agreement, they shall submit their dispute pursuant to the

Court’s procedure for discovery disputes.

(b) Scope of Discovery. Discovery as it pertains to this action will be

needed on the following subjects: For Plaintiff: (1) Abbreviated New Drug Application

(“ANDA”) No. 00-001 filed by Defendant with the U.S. Food and Drug Administration

(“FDA”) for approval to market a generic version of Plaintiff’s BrandX drug product,

including, the decision to file the ANDA; (2) design, development, formulation, testing

and/or manufacturing of Defendant’s proposed generic version of Plaintiff’s BrandX drug

product; (3) the market for a generic version of Plaintiff’s BrandX drug product,

including any market research or analysis; (4) anticipated sales and marketing of

Defendant’s proposed generic version of Plaintiff’s BrandX drug product; (5)

infringement of the patents-in-suit; and (6) any allegations that the patents-in-suit are

invalid and/or unenforceable. For Defendant: (1) noninfringement of the claims of the

patents-in-suit; (2) invalidity of the claims of the patents-in-suit; and (3) any other claims,

counterclaims, or defenses.

(c) Discovery Cut Off. All fact discovery shall be commenced in

time to be completed by [Date].

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