ME1 13181131v.1

John E. Flaherty

Partner 

T. 973.639.7903 

F. 973.297.3971 

jflaherty@mccarter.com

McCarter & English, LLP 

Four Gateway Center 

100 Mulberry Street 

Newark, NJ 07102-4056 

T. 973.622.4444 

F. 973.624.7070 

www.mccarter.com 

BOSTON

HARTFORD 

NEW YORK 

NEWARK 

PHILADELPHIA 

STAMFORD 

WILMINGTON 

March 26, 2012 

VIA ECF AND FEDERAL EXPRESS 

Honorable Lois H. Goodman, U.S.M.J. 

U.S. District Court for the District of New Jersey 

Clarkson S. Fisher Federal Building & U.S. Courthouse 

402 East State Street 

Trenton, New Jersey 08608 

Re: Orexo AB v. Mylan Pharmaceuticals Inc., et al. 

Civil Action No. 11-3788 (FLW) (LHG) 

Dear Judge Goodman: 

Our firm, along with our co-counsel Milbank, Tweed, Hadley & McCloy, 

represents Plaintiff Orexo AB in the above-referenced matter. We write on behalf of 

all parties to seek the Court’s approval to adjust the case schedule based upon the 

following agreement between the parties: 

(a) Mylan will revise and re-serve its Invalidity Contentions on or before 

Friday, March 30, and, Mylan would also have the option of revising and re-serving 

its Non-Infringement Contentions. 

(b) Orexo will serve its Infringement Contentions and Response to 

Validity Contentions on or before Friday, April 20. 

(c) Thereafter, all discovery deadlines will be pushed back by three 

weeks, up to but not including the January 25, 2013 close of fact discovery deadline. 

The January 25, 2013 date and all dates thereafter will remain as scheduled in this 

Court’s February 7, 2012 Pre-Trial Scheduling Order. 

The Parties enclose a proposed revised schedule as Exhibit A setting forth 

all affected dates for the Court’s consideration. If the Court finds this revised 

schedule acceptable, we ask that the Court “So Order” the revised dates as set forth 

in the attached schedule. 

Respectfully, 

s/John E. Flaherty 

John E. Flaherty 

cc: All Counsel (via email) 

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So ordered on this ___ day of March, 2012: 

 ______________________________ 

 Hon. Lois H. Goodman, U.S.M.J. 

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Exhibit A

February 7, 2012 Pretrial 

Scheduling Order 

Proposed Revised 

Pretrial Scheduling 

Order 

Defendants’ Revised 

Invalidity Contentions and 

Non-Infringement 

Contentions 

N/A March 30, 2012 

Plaintiff’s Infringement 

Contentions and 

Response to Validity 

Contentions 

March 30, 2012 April 20, 2012 

Plaintiff’s Responses to 

Invalidity Contentions 

March 30, 2012 April 20, 2012 

Plaintiff’s and Defendants’ 

identification of terms 

each contend should be 

construed by the Court 

and those terms to be 

governed by 35 U.S.C. 

§ 112(6). 

April 13, 2012 May 4, 2012 

Plaintiff’s and Defendants’ 

must file any motion to 

amend the pleadings or 

join new parties with leave 

of Court 

April 27, 2012 May 18, 2012 

Plaintiff’s and Defendants’ 

simultaneous exchange of 

Preliminary Claim 

Constructions 

May 4, 2012 May 25, 2012 

Plaintiff’s and Defendants’ 

exchange of identification 

of intrinsic and extrinsic 

evidence on which each 

party intends to rely in 

opposing other party’s 

proposed claim 

constructions 

May 18, 2012 June 8, 2012 

Return date for Plaintiff’s 

or Defendants’ motion to 

amend the pleadings or 

join new parties with leave 

of Court 

May 21, 2012 June 11, 2012 

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Hon. Lois H. Goodman 

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Plaintiff’s and Defendants’ 

meet and confer regarding 

Joint Claim Construction 

and Pre-hearing 

Statement 

May 21, 2012 June 11, 2012 

Plaintiff’s and Defendants’ 

completion of the Joint 

Claim Construction and 

Pre-hearing Statement 

June 1, 2012 June 22, 2012 

Plaintiff’s and Defendants’ 

completion of discovery 

relating to claim 

construction 

June 29, 2012 July 20, 2012 

Plaintiff’s and Defendants’ 

filing and service of 

Markman briefs 

July 16, 2012 August 6, 2012 

Plaintiff’s and Defendants’ 

meet and confer to 

propose schedule for 

Claim Construction 

Hearing 

July 27, 2012 August 17, 2012 

Conclusion of any 

discovery from an expert 

witness who submitted a 

certification or declaration 

under L. Pat. R. 4.5(a) 

August 15, 2012 September 5, 2012 

Plaintiff’s and Defendants’ 

filing and service of 

responding Markman

briefs 

September 14, 2012 October 5, 2012 

Plaintiff’s and Defendants’ 

deadline for producing and 

providing material related 

to party’s reliance on 

advice of counsel as part 

of patent-related claim or 

defense 

December 28, 2012 January 18, 2013 

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