United States District Court, D. Nevada
AMARIN PHARMA, INC. and AMARIN PHARMACEUTICALS IRELAND LIMITED, Plaintiffs,
WEST-WARD PHARMACEUTICALS CORP., et. al., Defendants.
Nicholas J. Santoro, Jason D. Smith, SANTORO WHITMIRE, LTD.
Christopher N. Sipes (admitted pro hac vice), Einar Stole
(admitted pro hac vice) Michael N. Kennedy (admitted pro hac
vice), Megan P. Keane (admitted pro hac vice) COVINGTON &
BURLING LLP Attorneys for Plaintiffs Amarin Pharma, Inc. and
Amarin Pharmaceuticals Ireland Limited
& Nomura, Ltd. Wayne A. Shaffer Locke Lord LLP Alan B.
Clement, Myoka Kim Goodin, Nina Vachhani, Jennifer Coronel
Attorneys for Defendants West-Ward Pharmaceuticals Corp. and
West-Ward Pharmaceuticals Limited International
Brownstein Hyatt Farber Schreck, LLP Michael D. Rounds, Ryan
James Cudnik Budd Larner, P.C. Constance S. Huttner Caroline
Sun Beth Finkelstein Attorneys for Defendants Dr. Reddy's
Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.
Dickinson Wright PLLC John P. Desmond Brian R. Irvine Sterne,
Kessler, Goldstein & Fox P.L.L.C. J.C. Rozendaal Michael
E. Joffre Chandrika Vira Attorneys for Defendant Teva
Pharmaceuticals USA, Inc.
STIPULATION AND ORDER TO EXTEND TIME FOR PLAINTIFFS
TO FILE THEIR REPLY CLAIM CONSTRUCTION BRIEF (FIRST
HEREBY STIPULATED and agreed by and between Plaintiffs Amarin
Pharma, Inc. and Amarin Pharmaceuticals Ireland Limited
(collectively, “Plaintiffs” or
“Amarin”) and Defendants WestWard Pharmaceuticals
Corp., West-Ward Pharmaceuticals International Limited, Dr.
Reddy's Laboratories, Inc., Dr. Reddy's Laboratories,
Ltd., and Teva Pharmaceuticals USA, Inc. (collectively,
“Defendants”), by and through their respective
undersigned counsel, that the deadline by which Amarin must
file their Reply Claim Construction Brief be extended to
February 2, 2018. Amarin's current deadline is January
25, 2018. (ECF No. 60.) This stipulation is therefore filed
more than 21 days in advance of the deadline sought to be
extended, as required by Local Rule 26-4. This is the
parties' first request to extend the deadline for
Amarin's Reply Claim Construction Brief.
point, the parties have complied with the previous deadlines
in the Discovery Plan and Scheduling Order. (See ECF
No. 60 at 1-2; ECF No. 88.) The parties are currently engaged
in briefing the claim construction issues in advance of the
April 24, 2018 claim construction hearing. (See ECF
No. 60, ECF No. 103.) Amarin submitted its Opening Claim
Construction Brief on November 1, 2017 (ECF No. 89) with the
supporting Declaration of Dr. Michael Miller, M.D. (ECF No.
89-1). On December 12, 2017, Defendants submitted their
Responsive Claim Construction Brief (ECF No. 102) with the
supporting Declaration of Ronald H. Wharton, M.D. (ECF No.
parties have long contemplated that the claim construction
declarants would be deposed during the claim construction
stages of this case. For example, in the Proposed Discovery
Plan Scheduling Order, Amarin explained that “[t]hese
deposition are necessary to ensure that the parties can
adequately respond to any testimony that is submitted in
support of the parties' claim construction
positions.” (ECF No. 55 at 7.) However, Defendants'
claim construction declarant, Dr. Wharton, is not available
for his deposition until January 24, 2018-the day before the
current deadline for Amarin's Reply Claim Construction
Brief. Accordingly, good cause exists for the requested
extension. Without the requested extension, Amarin will be
deprived of any meaningful opportunity to address the
testimony that Dr. Wharton will give at his January 24, 2018
deposition before filing its Reply Brief due the next day.
The requested extension provides adequate time to obtain the
final transcript from the deposition, review the transcript,
and revise the brief in accordance with the deposition
testimony. The prejudice to Amarin from the current schedule
is particularly acute because Wharton opines that many of
Amarin's patent claims are invalid. (See Wharton
Decl. ¶¶ 64-73, ECF No. 102-1.) Thus, without the
extension, Amarin would be essentially precluded from
addressing Dr. Wharton's claim construction opinions in
its Reply Brief, but also unable to fully respond to Dr.
Wharton's opinions that many of Amarin's patent
claims should be found invalid at this very early stage of
the case. See Phillips v. AWH Corp., 415 F.3d 1303,
1318 (Fed. Cir. 2005) (“[Extrinsic evidence consisting
of expert reports and testimony . . . can suffer from bias .
. . . The effect of that bias can be exacerbated . . . if the
expert's opinion is offered in a form that is not subject
parties further stipulate and agree that the requested
extension will not be prejudicial to any party. The
additional eight days will not impede on any of the
parties' abilities to prepare for the April 24, 2018
claim construction hearing Indeed, even with the requested
extension to February 2, 2018, the parties and the Court will
be in possession of all claim construction briefing for well
over two months before the hearing In addition, Amarin agrees
to make its claim construction declarant, Dr. Miller,
available for deposition between February 9, 2018 and March
31, 2018, as requested by Defendants. Moreover, the requested
extension will not affect any other currently scheduled case
deadline. (ECF No. 60.)
there have been no previous extensions of time with respect
to the deadline for Amarin's Reply Claim Construction
Brief. Accordingly, the parties stipulate that Amarin shall
have up to and including February 2, 2018, to file its Reply
Claim Construction Brief.
shall have up to and including February 2, 2018, to file its
Reply Claim Construction Brief.