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Nycomed US Inc. v. Perrigo Israel Pharmaceuticals

New York Eastern District Federal District Court


February 12, 2010

NYCOMED US INC.
v.
PERRIGO ISRAEL PHARMACEUTICALS, LTD., AND PERRIGO COMPANY

SCHEDULE

DATE CLAIM CONSTRUCTION DISCOVERY

2/19/10 Parties to submit proposed protective order to protect the confidential information they will produce

3/4/10 Nycomed to produce to Perrigo all Nycomed documents produced in the Nycomed v. Glenmark (08-CV-5023) litigation; all deposition transcripts of Nycomed witnesses; and all Markman briefing from the Nycomed v. Glenmark (08-CV-5023) litigation

3/4/10 Perrigo to produce a complete copy of its ANDA 91-553, copies of lab notebooks and internal memoranda concerning the development of its proposed ANDA product, and any patent applications (both U.S. and foreign) that relate to its proposed ANDA product

3/25/10 Nycomed to provide current allegations of infringement (which claims are infringed and why, in the form of a description and claim chart) and current claim construction positions

4/14/10 Perrigo to provide current allegations of non-infringement (which claims are not infringed and why, in the form of a description and claim chart) and invalidity (which claims are invalid under which grounds, with an identification of any prior art, in the form of a description and claim chart) and current claim construction positions

4/27/10 Deadline for each party to take one or two depositions related to claim construction issues

20100212

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