`
`Case 3:15-cv-05723-PGS-LHG Document 66 Filed 10/17/16 Page 1 of 4 PageID: 885
`
`William J. O’Shaughnessy
`MCCARTER & ENGLISH LLP
`Four Gateway Center
`100 Mulberry Street
`Newark, NJ 07102
`(973) 639-2094
`woshaughnessy@rnccarter.com
`
`OF COUNSEL:
`Douglas Carsten
`WILSON SONSINI GOODRICH & ROSATI
`12235 El Carnino Real
`Suite 200
`San Diego, CA 92130
`
`William C. Jackson
`BOlES, SCHILLER & FLEXNER LLP
`5301 Wisconsin Aye, NW
`Washington, DC 20015
`
`Attorneys/or Plaintiff
`United Therapeutics Corporation
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`UNITED THERAPEUTICS CORPORATION,
`
`Plaintiff and Counterclaim-Defendant,
`
`Civil Action No.
`
`I 5-cv-5723 (PGS) (LHG)
`
`v.
`
`WATSON LABORATORIES, INC.,
`
`Defendant and Counterclaim-Plaintiff.
`
`STIPULATION AND FPROPOSED1 CLAIM CONSTRUCTION ORDER
`
`This stipulation is made by and between Plaintiff and Counterclaim-Defendant United
`
`Therapeutics Corporation
`
`(“UTC”)
`
`and Defendant
`
`and Counterclaim-Plaintiff Watson
`
`Laboratories, Inc. (“Watson”).
`
`
`
`Case 3:15-cv-05723-PGS-LHG Document 66 Filed 10/17/16 Page 2 of 4 PageID: 886
`
`WHEREAS, the parties disputed the claim construction of the term “an opto-acoustical
`
`trigger” as used in the asserted claims of U.S. Patent Nos. 9,339,507 (“the ‘507 patent”) and
`
`9,358,240 (“the ‘240 patent”);
`
`WHEREAS, UTC and Watson do not wish to burden the Court by conducting pre-trial
`
`claim construction proceedings;
`
`NOW. THEREFORE, in the interest ofjudicial economy and efficiency, UTC and
`
`Watson, by and through their respective undersigned counsel, and subject to the approval of the
`
`Court. stipulate and agree as follows for purposes of this litigation:
`
`The disputed claii-n term “an opto-acoustical trigger” as used in the asserted claims of
`
`the ‘507 patent and the ‘240 patent shall be construed to mean “a trigger with an optical
`
`element (e.g., light) and an acoustical element (e.g., sound).”
`
`The stipLilation filed herein shall relieve the parties of the following Local Patent Rules
`
`and Pretrial Scheduling Order obligations:
`
`• October
`
`2016 Joint Claim Construction and Prehearing Statement.
`
`• October 21, 2016 Completion of Claim Construction Discovery.
`
`• October 28, 2016 Opening Markman Submissions.
`
`• November 11, 2016 Responding Markman Submissions.
`
`• December 6, 2016 Claim Construction Hearing.
`
`DATED: October 14, 2016
`
`SO ORDERED this
`
`i7 day of October, 2016.
`
`Watson wants the Court to be advised that. although the parties have agreed on a construction
`for “an opto-acoustical trigger,” there appears to be a live dispute between the parties regarding a
`contradiction between the disclosure of an opto-acoustical trigger in the specification of the ‘507
`and ‘240 patents and statements made in UTC’s response to Watson’s Invalidity Contentions for
`the ‘507 and ‘240 patents. The parties have exchanged correspondence and begun to confer on
`the issue. Watson will raise the issue with the Court at an appropriate time, if necessary.
`
`2
`
`
`
`Case 3:15-cv-05723-PGS-LHG Document 66 Filed 10/17/16 Page 3 of 4 PageID: 887
`
`UNITED STATES DISTRICT JUDGE
`
`Of Counsel
`
`Of Counsel
`
`Michael K. Nutter (admitted pro hac vice)
`Kurt A. Mathas (admitted pro hac vice)
`Brendan F. Barker (admitted pro hac vice)
`Alyssa E. Ram irez (admitted pro hac vice)
`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 6060 1-9703
`(312) 558-5600
`
`/s/ Liza M. Walsh
`Liza M. Walsh
`Tricia B. O’Reilly
`Joseph L. Linares
`CONNELL FOLEY LLP
`One Newark Center
`1085 Raymond Boulevard, 19th Floor
`Newark, NJ 07102
`(973)757-1100
`
`lwalshconnellfoley.com
`
`Attorneys for Defendant Watson Laboratories,
`Inc.
`
`Douglas Carsten
`WILSON SONSINI GOODRICH & ROSATI
`12235 El Camino Real
`Suite 200
`San Diego, CA 92130
`
`William C. Jackson
`BOlES, SCHILLER & FLEXNER LLP
`5301 Wisconsin Aye, NW
`Washington, DC 20015
`
`Veronica S. Ascarrunz
`WILSON SONSINI GOODRICH & ROSATI
`1 700 K Street, NW
`Suite 500
`Washington, DC 20006
`
`Robert A. Delafield II
`WILSON SONSINI GOODRICH & ROSATI
`900 S. Capital of Texas Hwy
`Las Cirnas IV, Fifth Floor
`Austin, TX 78746
`
`/s/ William 1 0 ‘Shaughnessv
`William J. O’Shaughnessy
`MCCARTER & ENGLISH LLP
`Four Gateway Center
`100 Mulberry Street
`Newark. NJ 07102
`(973) 639-2094
`
`3
`
`
`
`S
`
`Case 3:15-cv-05723-PGS-LHG Document 66 Filed 10/17/16 Page 4 of 4 PageID: 888
`
`woshaughnessymccarter.com
`
`Attorneysfor PlaInt(ff/Counterclalm Defendant
`United Therapeutics Corporation
`
`Dated: October 14, 2016
`
`4
`
`
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