Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 1 of 19
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`HONORABLE THOMAS J. MCAVOY
`
`UNIFORM PRETRIAL SCHEDULING ORDER
`
`
`IT IS ORDERED that:
`
`Novartis Pharma AG, et al.
`
`
`
`vs.
`
`Regeneron Pharmaceuticals, Inc.
`
`Counsel for all parties having reported on the status of this action as directed
`
`by the Court, and the Court having considered the positions of the respective
`counsel regarding a schedule for the progression of the case,
`
`
`
`THE DEADLINES SET IN THIS SCHEDULING ORDER SUPERSEDE THE
`(1)
`DEADLINES SET FORTH IN FED. R. CIV. P.26(a)(3) AND ARE FIRM AND WILL
`NOT BE EXTENDED, EVEN BY STIPULATION OF THE PARTIES, ABSENT
`GOOD CAUSE. See Fed. R. Civ. P. 16(b).
`
`(2) VENUE MOTIONS are to be filed within sixty (60) days of the date of this
`Order following the procedures set forth in Local Rule 7.1 (a)(2) and are to be
`made returnable before the assigned Magistrate Judge.
`
`JURISDICTION MOTIONS are to be filed within sixty (60) days of the date
`(3)
`of this Order following the procedures set forth in Local Rule 7.1 (a)(1) (unless a
`party who is not an attorney is appearing pro se, in which case L.R. 7.1 (b)(2)
`should be followed) and are to be made returnable before Judge McAvoy.
`
`JOINDER OF PARTIES: Any motion to join any person as a party to this
`(4)
`action shall be made on or before September 15, 2021.
`
`(5) AMENDMENT OF PLEADINGS: Any motion to amend any pleading in this
`action shall be made on or before September 15, 2021.
`
`(6) STATUS REPORT: The parties are directed to file a status report on or
`before [N/A].
`
`(7) PATENT DISCLOSURES: Parties are to follow the procedures set forth in
`Local Patent Rule 3 as modified in Attachment A of this order.
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`Civil No. 20-CV-690
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`TJM/CFH
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`1
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 2 of 19
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`(8) CLAIM CONSTRUCTION PROCEDURES: Parties are to follow the
`procedures set forth in Local Patent Rule 4 as modified in Attachment A of this
`order.
`
`(9) POST CLAIM CONSTRUCTION PROCEDURES: Parties are to follow the
`procedures set forth in Local Patent Rule 5 as modified in Attachment A of this
`order.
`
`(10) DISCOVERY:
`
`
`All discovery in this matter, including expert depositions, must be completed
`within 90 days following the issuance of the court's decision on claim
`construction. See Local Patent Rule 5.5 as modified in Attachment A of this
`order.
`
`(A) Opening Expert Reports:
`
`A party expecting to offer expert testimony on issues other than claim
`
`construction on which it bears the burden of proof, including damages, shall
`disclose and serve upon all parties the name, address and curriculum vitae
`of any expert witness expected to testify at trial, together with a list of
`publications authored by him or her within the past ten years, and a list of
`cases in which the expert has given deposition or trial testimony during the
`past four years, together with a report as required under Fed. R. Civ. P.
`26(a)(2)(B), within 5 days following the issuance of the Court's decision
`on claim construction. See Local Patent Rule 5.3 as modified in
`Attachment A of this order.
`
`(B) Responsive Expert Reports:
`
`A party expecting to offer responsive expert testimony on issues on
`
`which the opposing party bears the burden of proof shall disclose and serve
`upon all parties the name, address and curriculum vitae of any expert
`witness expected to testify at trial, together with a list of publications
`authored by him or her within the past ten years, and a list of cases in which
`the expert has given deposition or trial testimony during the past four years,
`together with a report as required under Fed. R. Civ. P. 26(a)(2)(B), within
`days following the issuance of the Court's decision on claim
`construction. See Local Patent Rule 5.3 as modified in Attachment A of
`this order.
`
`
`No deposition of experts shall be taken until after the
`(i)
`exchange of the expert reports.
`
`(ii) Motions to preclude expert witness testimony must be filed and
`served on or before the motion deadline as set forth in Paragraph (11)
`below.
`
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 3 of 19
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`
`(C) Failure to comply: The failure to comply with the deadlines set forth
`in Subparagraph (A) above may result in the imposition of sanctions,
`including the preclusion of testimony, pursuant to Fed. R. Civ. P. 16(f).
`
`(D) Unavailability of Expert witness: In order to avoid the possibility of
`the unavailability of an expert witness at the time set for trial, counsel may
`preserve the testimony of such witness as outlined in Paragraph (15) below
`for use at trial. In the absence of same, the trial will proceed without such
`testimony.
`
`(11) MOTIONS: All dispositive motions in the case shall be filed within days
`following the issuance of the Court's decision on claim construction. See Local
`Patent Rule 5.6 as modified in Attachment A of this order.
`
`
`(A) Non-Dispositive Motions: Non-dispositive motions (except venue
`motions-discussed in Paragraph (2) above-and motions for injunctive relief)
`shall NOT be filed until after a conference with the Magistrate Judge, which
`is to be arranged through the Courtroom Clerk assigned to the Magistrate
`Judge. Before requesting such a conference to resolve discovery disputes,
`the parties must have complied with Local Rule 7.1 (d).
`
`Non-dispositive motions, including discovery motions, shall be filed in
`accordance with Local Rule 7.1 (b)(2) and, except for motions for injunctive
`relief, shall be made returnable before the assigned Magistrate Judge.
`Motions for injunctive relief shall be made returnable before Judge McAvoy
`unless the case has been referred to a Magistrate Judge pursuant to 28
`U.S.C. § 636(c) ("consent" jurisdiction).
`
`(B) Dispositive Motions:
`in
`filed
` Dispositive motions shall be
`accordance with Local Rule 7.1(b) and shall be made returnable before
`Judge McAvoy, unless the case has been assigned to a Magistrate Judge
`on consent of the parties pursuant to 28 U.S.C. § 636(c).
`
`(12) TRIAL DATES:
`
`
`(A) TRIAL READY DATE:
`
`
`(i) When no dispositive motion is filed, the motion filing
`deadline becomes the trial ready date. The Court will issue a notice
`scheduling a Trial Date. Counsel may contact Judge McAvoy's
`Courtroom Clerk, at any time, to request that the Court schedule a
`settlement conference or trial date.
`
`(ii) When a dispositive motion is filed and the motion filing
`deadline has expired, the case is marked trial ready upon issuance
`of the motion decision. After issuance of the Court's decision on the
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 4 of 19
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`motion, Judge McAvoy's Courtroom Clerk will issue a notice
`scheduling a Trial Date.
`
`(iii) When a dispositive motion is filed and the motion filing
`deadline HAS NOT expired, the case will continue on the pretrial
`schedule previously set in the Rule 16 Uniform Pretrial Scheduling
`Order. Any request for an extension of the Rule 16 Uniform Pretrial
`Order deadline(s) should be addressed by the assigned Magistrate
`Judge.
`
`(B) TRIAL DATE: It is anticipated that the trial will take approximately to
`complete. This is a jury trial.
`
`(13) SETTLEMENT CONFERENCE: A settlement conference pursuant to Fed.
`R. Civ. P. 16(d) may be scheduled by the Court prior to the trial or as requested by
`the parties. In addition to counsel, a representative of each party with full
`settlement authority shall attend the settlement conference, or be available by
`telephone.
`
`Prior to the settlement conference the parties are to have initiated settlement
`
`discussions. Plaintiff shall submit realistic demand to defendant at least ten days
`before the conference, and defendant shall respond at least three days before the
`conference and shall submit a counteroffer, if appropriate. Failure to comply with
`these directions may result in sanctions.
`
`(14) ASSESSMENT OF JUROR COSTS: The parties are advised that pursuant
`to Local Rule 47.3, whenever any civil action scheduled for a jury trial is postponed,
`settled, or otherwise disposed of in advance of the actual trial, then, except for
`good cause shown, all juror costs, including Marshal's fees, mileage, and per diem,
`shall be assessed against the parties and/or their counsel as directed by the Court,
`unless the Court and the Clerk's Office are notified at least one full business day
`prior to the day on which the action is scheduled for trial in time to advise the jurors
`that it will be unnecessary for them to attend.
`
`(15) PRETRIAL SUBMISSIONS:
`
`Mandatory Fed. R. Civ. P. 26(a)(3) Disclosures (Jury and Non-Jury Cases)
`
`
`Not later than thirty days before the Trial Date (as defined in
`(i)
`paragraph 9(A) above) counsel shall provide to all other parties and
`electronically file with the Court the disclosures required under Fed. R. Civ.
`P. 26(a)(3).
`
`
`NOTE: The unavailability of any witness, expert or otherwise, will not
`be grounds for a continuance. In order to the possibility of going
`forward with the trial without the testimony of an unavailable witness,
`counsel, where appropriate, shall preserve same before the trial ready
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 5 of 19
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`date by written or video-taped deposition for possible use at trial.
`Please refer to the attached instruction sheet for use of video-taped
`depositions.
`
`Those initial pretrial disclosures must include the following:
`
`
`(i)
`The name and, if not previously provided, the address
`and telephone number of each witness, separately identifying
`those whom the party expects to present and those whom the
`party may call if the need arises;
`
`(ii)
`The designation of those witnesses whose testimony is
`expected to be presented by means of a deposition (including
`video-taped deposition), specifically identifying the pertinent
`portions of the deposition testimony to be offered; and
`
`(iii) An identification of each document or other exhibit,
`including summaries of other evidence, separately identifying
`those which the party expects to offer and those which the party
`may offer if the need arises.
`
`(B) Within fourteen days after service of the Rule 26(a)(3) initial
`pretrial disclosures, any party served with such Rule 26(a)(3)
`disclosures shall serve and electronically file with the court a list of
`any objections to the proposed use of deposition
`testimony
`designated by another party and objections to the admissibility of
`exhibits described in the initial disclosures, together with a summary
`of the grounds for objection.
`
`Note: All objections not disclosed in a timely manner in accordance
`with this rule, other than objections under Fed. R. Evid. 402 and 403,
`are waived unless excused by the Court for good cause.
`
`(C) Non-Jury Trials: Fourteen (14) days before the Trial Date,
`counsel shall electronically file with the court their joint pretrial
`stipulation (see subparagraph A below) and all depositions (including
`video-taped depositions) to be used at trial (see subparagraph D
`below). In addition to this and the required mandatory pretrial
`disclosures referenced above (i.e., witness, deposition excerpt, and
`exhibit lists), fourteen (14) days before the Trial Date counsel for
`each party shall electronically file with the court, with a copy to
`opposing counsel, (1) prepared findings of fact and conclusions of
`law; (2) a letter brief concerning any evidentiary issues (see
`subparagraph C below); and (3) a trial brief (see subparagraph E
`below).
`
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 6 of 19
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`(D) Jury Trials: Fourteen (14) days before the Trial Date,
`counsel shall electronically file with the court their joint pretrial
`stipulation (see subparagraph A below) and all depositions (including
`video-taped depositions) to be used at trial (see subparagraph D
`below). In addition, fourteen (14) days before the Trial Date
`counsel for each party shall electronically file with the court, with a
`copy to opposing counsel, (1) Court Ordered Voir Dire (attachment
`#1); (2) proposed voir dire; (3) a letter brief concerning any evidentiary
`issues (see subparagraph C below); (4) a trial brief (see subparagraph
`E below); and (5) requests to charge, including a proposed Special
`Verdict Questionnaire (see subparagraph F below).
`
`(A) PRETRIAL STIPULATIONS: A joint pretrial stipulation subscribed by
`counsel for all parties shall be electronically filed with the Court fourteen
`(14) days before the Trial Date and shall contain:
`
`
`The basis of federal jurisdiction;
`
`(1)
`
`(2) A list of all exhibits which can be stipulated into evidence or that
`will be offered without objection as to foundation; and
`
`(3) Relevant (1) facts not in dispute, (2) facts in dispute, and (3)
`issues of law to be considered and applied by the Court.
`
`(B) EXHIBITS: All exhibits shall be marked for identification in the
`manner prescribed below prior to the filing of the trial briefs. A complete set
`of copies of the exhibits, along with the original and one copy of the exhibit
`list (see subparagraph 1 below), shall be presented to the Judge's
`Courtroom Deputy Clerk at the beginning of the trial.
`
`
`The exhibits shall have been inspected by the opposing party and
`their expense (unless waived) NO LATER THAN
`copied at
`FOURTEEN (14) DAYS PRIOR TO THE TRIAL DATE. All
`documents and/or papers intended as exhibits or to be used during
`the course of trial, including but not limited to, documents,
`photographs, charts, diagrams, etc., shall be marked for identification
`in the manner prescribed below and must be assembled in BINDERS
`with each document properly marked at the lower right corner for
`identification purposes as directed below. In voluminous cases,
`consult with the Judge's Courtroom Deputy Clerk for the proper
`procedure to follow.
`
`*NOTE: During the course of trial, the Courtroom Deputy shall
`take charge of exhibits which are received into evidence. At the
`conclusion of the trial, the Courtroom Deputy will immediately
`return all of the exhibits to the proper parties. It is the
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 7 of 19
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`responsibility of the parties to maintain the exhibits and to
`produce the exhibits for any appeal.
`
`(1) EXHIBIT LISTS: The exhibits shall be listed on the form
`prescribed by the Court, a copy of which is attached to this Order.
`Counsel are to supply the exhibit number and exhibit description. The
`remaining boxes shall be left blank for the Courtroom Deputy. The
`original and one copy of the exhibit list shall be given to the Judge's
`Courtroom Deputy Clerk along with the exhibits at the beginning of
`trial.
`
`(2) EXHIBIT MARKERS: Counsel shall fill in the appropriate
`markers leaving the "Date entered" and "Deputy Clerk" lines blank.
`All exhibits shall be assigned numbers by using a prefix of "P" for
`plaintiff, "D" for defendant, and "G" for Government (U.S. Attorney).
`
`Plaintiff's exhibits should be denoted as: P-1, P-2, P-3, etc.
`Defendant's exhibits should denoted as: D-1, D-2, D-3, etc.
`Government's exhibits should be denoted as: G-1, G-2, G-3, etc. In
`cases involving multiple defendants, the exhibits shall be denoted with
`the initial of the last name of the defendant and its numerical
`identification number.
`
`Stickers shall be affixed whenever possible to the lower right-hand
`corner of the exhibit. If the exhibit marker is going to cover any
`information on the exhibit, then affix the marker to the reverse side of
`the exhibit. Each exhibit shall also have an exhibit number in the
`upper right-hand corner of the exhibit. (P-1, P-2, etc. or D-1, D-2,
`etc.).
`
`(C) EVIDENTIARY ISSUES (Motions in Limine): Fourteen (14) days
`before the Trial Date, counsel shall electronically file with the Court, with a
`copy to opposing counsel, a letter brief containing a concise statement of
`any and evidentiary issues to be presented upon trial, citing the applicable
`rules of evidence and case law.
`
`(D) DEPOSITIONS: All depositions (including video-taped depositions)
`to be used at trial shall be filed with the Clerk's Office at least fourteen (14)
`days before the Trial Date. Not earlier than one week and not less than
`four days prior to the Trial Date, each party shall indicate to the other party
`the portion of the deposition to be offered. To the extent possible, objections
`are to be resolved between the parties. Areas of unresolved disagreement
`shall be presented to the Court for ruling prior to the Trial Date. (See
`attached instruction sheet for use of video-taped depositions.)
`
`(E) TRIAL BRIEFS: Fourteen (14) days before the Trial Date, counsel
`shall electronically file with the court, with a copy to opposing counsel, a trial
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 8 of 19
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`brief containing argument and citations on any and all disputed issues of
`law, citing the applicable rules of evidence and case law.
`
`(F) REQUESTS TO CHARGE: Fourteen (14) days before the Trial
`Date, counsel shall electronically file with the Court a request to charge and
`a proposed Special Verdict Questionnaire. These documents shall also be
`sent in a TEXT format (i.e., WordPerfect or Word, but not .pdf format) to
`Judge
`McAvoy's
`electronic
`mail
`box:
`NYND_TJM_ECF_NOTICES@nynd.uscourts.gov (*Note: email address
`is case sensitive.) The request to charge need only include instructions
`that are specific to the law in this case regarding liability, damages, and any
`unusual issues. The court has the usual boilerplate charge.
`
`(G) COURTROOM TECHNOLOGY: If the parties intend to utilize the
`courtroom equipment at the time of trial, counsel are directed to contact the
`Courtroom Deputy prior to the trial date to make arrangements for training
`and testing such equipment. Please keep in mind that the Court does not
`provide a person to run the equipment during trial. The courtroom is
`supplied with a DVD unit, visual evidence presenter, VGA connections for
`laptops (no internet), and interpreter/hearing impaired headsets. All non-
`proprietary DVD's (i.e., .avi, .mp3, .mp4, and .wmv) should be compatible
`with the Court's DVD player, however, prior to the trial date, counsel must
`confirm such compatibility for use at the time of trial. If any portion of the
`DVD should be redacted, it is the responsibility of counsel to provide a
`redacted copy for use at trial. Counsel may be required to utilize the visual
`presenter to publish exhibits to the jury. The visual evidence presenter will
`allow counsel to display documents, photos, objects, x-rays, and electronic
`presentations on monitors placed throughout the courtroom and in the jury
`box with touch screen monitors at all counsel tables (no internet). Please
`note that audio cables are not available and counsel should provide their
`own, if necessary. If you are presenting evidence through a Macintosh
`laptop, a video convertor/adaptor is required and must be supplied by
`counsel. In the event counsel's equipment is not compatible with the
`courtroom's equipment, the Court is not responsible for supplying additional
`electronic parts to remedy this. One week prior to the trial date counsel
`may request that the court reporter provide a live realtime transcript or an
`end of day transcript. There is a charge for these services and financial
`arrangements should be made ahead of time with the court reporter.
`When requesting a live realtime transcript the following is required: 1)
`litigation support software, (i.e., LiveNote, Bridge, Caseview); 2) hardware
`(i.e., if laptop does not have a serial port, a USB to serial adaptor is required).
`Additional courtroom technology information may be obtained on the court's
`webpage: http://www.nynd.uscourts.gov/courtroom-technology.
`
`(H) Alternative Dispute Resolution:
`
`
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 9 of 19
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`The assigned Magistrate Judge has exempted this case from the
`Court's Mandatory Mediation Program.
`
`August 24, 2021
`Albany, NY
`
`
`
`
`
`DATED:
`
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 10 of 19
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`COURT ORDERED VOIR DIRE
`TO BE USED BY THE JUDGE AT TRIAL
`
`CASE TITLE: Novartis Pharma AG, et al. vs. Regeneron Pharmaceuticals, Inc.
`CIVIL ACTION NO.: 20-CV-690
`ASSIGNED JUDGE OR MAGISTRATE JUDGE: THOMAS J. MCAVOY
`
`
`ATTACHMENT #(1)
`
`Each attorney is required to submit the following information on behalf of his/her client
`
`for use by the Court during Voir Dire and must be filed with the Court one week before the Final
`Pretrial Conference, or any other date set by the Court.
`
`NAMES AND ADDRESSES OF ALL PARTIES TO THE LAWSUIT:
`
`
`
`
`
`
`(use additional page if necessary)
`
`YOUR NAME, FIRM NAME, ADDRESS AND THE NAME OF ANY PARTNER OR
`ASSOCIATE WHO MAY BE AT COUNSEL TABLE DURING THE COURSE OF THE TRIAL.
`
`
`
`
`
`
`(use additional page if necessary)
`
`SET FORTH THE DATE OF THE OCCURRENCE, THE PLACE OF THE OCCURRENCE AND
`A BRIEF STATEMENT OF THE EVENTS CENTRAL TO THE LITIGATION.
`
`
`
`
`
`
`(use additional page if necessary)
`
`SET FORTH THE NAMES AND ADDRESSES OF ALL LAY WITNESSES TO BE CALLED.
`
`
`
`
`
`
`(use additional page if necessary)
`
`SET FORTH THE NAMES AND ADDRESSES OF ALL EXPERT WITNESSES TO BE
`CALLED GIVING A BRIEF DESCRIPTION OF THEIR AREAS OF EXPERTISE.
`
`
`
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 11 of 19
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`
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`(use additional page if necessary)
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`SET FORTH A BRIEF DESCRIPTION OF EACH AND EVERY CAUSE OF ACTION IN THE
`COMPLAINT.
`
`
`
`
`
`
`(use additional page if necessary)
`
`SET FORTH A BRIEF DESCRIPTION OF EACH AND EVERY AFFIRMATIVE DEFENSE
`ASSERTED AS WELL AS A STATEMENT ADDRESSING ANY COUNTERCLAIMS RAISED
`IN THE ANSWER.
`
`
`
`
`
`
`(use additional page if necessary)
`
`
`
`
`PLEASE TAKE NOTICE that any delay in jury selection occasioned by the failure to provide
`this information will be explained to the jury as to the extent of the delay and the attorney
`causing same and if the delay causes a one (1) day or more postponement of this trial,
`appropriate monetary sanctions will be imposed by the Court.
`
`
`
`Submitted by: ___________________________________
`
`Date: _______________________
`
`
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`11
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 12 of 19
`Case 1:20-cv-O0690-DNH-CFH Document 82 Filed 08/24/21 Page 12 of 19
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`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`NORTHERN DISTRICT OF NEW YORK
`NORTHERNDISTRICT OF NEW YORK
`NORTHERNDISTRICT OF NEW YORK
`
`
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`
`
`PLAINTIFF EXHIBIT NO.
`DEFENDANT EXHIBIT NO.
`PLAINTIFF EXHIBIT NO.
`DEFENDANT EXHIBIT NO.
`
`
`
`
`
`
`
`
`DATE ENTERED
`DATE ENTERED
`DATE ENTERED
`DATE ENTERED
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`
`
`BY: ______________________________
`BY: ______________________________
`BY:
`BY:
`DEPUTY CLERK
`DEPUTY CLERK
`DEPUTY CLERK
`DEPUTY CLERK
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`NORTHERN DISTRICT OF NEW YORK
`NORTHERNDISTRICT OF NEW YORK
`NORTHERNDISTRICT OF NEW YORK
`
`
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`
`
`PLAINTIFF EXHIBIT NO.
`DEFENDANT EXHIBIT NO.
`PLAINTIFF EXHIBIT NO.
`DEFENDANT EXHIBIT NO.
`
`
`
`
`
`
`
`
`DATE ENTERED
`DATE ENTERED
`DATE ENTERED
`DATE ENTERED
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`
`
`BY: ______________________________
`BY: ______________________________
`BY:
`BY:
`DEPUTY CLERK
`DEPUTY CLERK
`DEPUTY CLERK
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`NORTHERN DISTRICT OF NEW YORK
`NORTHERNDISTRICT OF NEW YORK
`NORTHERNDISTRICT OF NEW YORK
`
`
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`
`
`PLAINTIFF EXHIBIT NO.
`DEFENDANT EXHIBIT NO.
`PLAINTIFF EXHIBIT NO.
`DEFENDANT EXHIBIT NO.
`
`
`
`
`
`
`
`
`DATE ENTERED
`DATE ENTERED
`DATE ENTERED
`DATE ENTERED
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`
`
`BY: ______________________________
`BY: ______________________________
`BY:
`BY:
`DEPUTY CLERK
`DEPUTY CLERK
`DEPUTY CLERK
`DEPUTY CLERK
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`NORTHERN DISTRICT OF NEW YORK
`NORTHERNDISTRICT OF NEW YORK
`NORTHERNDISTRICT OF NEW YORK
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`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
`CASE NO. 20-CV-690
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`PLAINTIFF EXHIBIT NO.
`DEFENDANT EXHIBIT NO.
`PLAINTIFF EXHIBIT NO.
`DEFENDANT EXHIBIT NO.
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`DATE ENTERED
`DATE ENTERED
`DATE ENTERED
`DATE ENTERED
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
`JOHN M. DOMURAD, CLERK
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`BY: ______________________________
`BY: ______________________________
`BY:
`BY:
`DEPUTY CLERK
`DEPUTY CLERK
`DEPUTY CLERK
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` DEPUTY CLERK DEPUTY CLERK
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`12
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 13 of 19
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`United States District Court
`Northern District Of New York
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`Page 1 of ____
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`□ Defendant
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`□ Court
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`□ Plaintiff
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`Case No: 20-CV-690
`Date: ____________________
`Presiding Judge: Thomas J. McAvoy
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`Exhibit
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`Admitted Into
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`Remarks
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`Exhibit Description
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`Exhibits Returned to Counsel (Date): _______________
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`Signature: ______________________________
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`13
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 14 of 19
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`Case No. 20-CV-690
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`Exhibit
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`Admitted Into
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`Page _____ of _____
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`Exhibits Returned to Counsel (Date): _______________
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`Signature: ______________________________
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`14
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 15 of 19
`PRETRIAL & SETTLEMENT CONFERENCE STATEMENT
`( NOT FOR PUBLIC VIEW )
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`** THIS DOCUMENT WILL BE PROVIDED TO THE CLERK AND NOT FILED
`IN ACCORDANCE WITH L.R. 5.7
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`CASE NAME: Novartis Pharma AG, et al. vs. Regeneron Pharmaceuticals, Inc.
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`ACTION NO.: 20-CV-690
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`ASSIGNED JUDGE: THOMAS J. MCAVOY
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`ASSIGNED MAGISTRATE JUDGE: CHRISTIAN F. HUMMEL
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`Each Attorney is required to submit the following information on behalf of his or her
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`client in short, concise form, in order to present a brief overview of the facts of the case. This
`information will be used by the Court during the scheduled final pretrial/settlement conference
`and therefore must be provided to the Court five (5) days in advance of the conference
`date.
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`PARTY/PARTIES REPRESENTED;
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` A
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` BRIEF PERSONAL HISTORY REGARDING YOUR CLIENT(S);
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` A
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` BRIEF STATEMENT OF THE FACTS OF THE CASE;
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`(use additional page if necessary)
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` A
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` BRIEF STATEMENT OF THE CLAIMS AND DEFENSES, i.e., STATUTORY OR OTHER
`GROUNDS UPON WHICH THE CLAIMS ARE FOUND; AND EVALUATION OF THE
`PARTIES' LIKELIHOOD OF PREVAILING ON THE CLAIMS AND DEFENSES; AND A
`DESCRIPTION OF THE MAJOR ISSUES IN DISPUTE; SET FORTH ANY DEMANDS OR
`OFFERS FOR SETTLEMENT
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 16 of 19
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` SUMMARY OF THE PROCEEDINGS TO DATE;
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`AN ESTIMATE OF THE COST AND TIME TO BE EXPENDED FOR FURTHER DISCOVERY,
`PRETRIAL AND TRIAL;
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` A
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` BRIEF STATEMENT OF THE FACTS AND ISSUES UPON WHICH THE PARTIES
`AGREE;
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`ANY DISCREET ISSUES WHICH, IF RESOLVED, WOULD AID IN THE DISPOSITION OF
`THE CASE;
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`THE RELIEF SOUGHT;
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`(use additional page if necessary)
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`THE PARTIES' POSITION ON SETTLEMENT, INCLUDING PRESENT DEMANDS AND
`OFFERS, THE HISTORY OF PAST SETTLEMENT DISCUSSIONS, OFFERS AND
`DEMANDS;
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 17 of 19
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`PREFERRED TRIAL LOCATION, APPROXIMATE LENGTH OF TRIAL, AND WHETHER
`TRIAL IS JURY OR NON-JURY;
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`(use additional page if necessary)
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`The Court requires that each party be represented at each pretrial conference by an
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`attorney who has the authority to bind that party regarding all matters identified by the Court for
`discussion at the conference and all reasonably related matters including settlement authority.
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`Copies of the settlement statement shall NOT be served upon the other parties. This
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`document will not be filed and will not be made available for public view.
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`Should the case be settled in advance of the pretrial/settlement conference date,
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`counsel are required to notify the court immediately. Failure to do so could subject counsel for
`all parties to sanctions.
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`Signature of Counsel:
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`Dated:
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`______________________________
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`______________________________
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`Case 1:20-cv-00690-DNH-CFH Document 82 Filed 08/24/21 Page 18 of 19
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`AO 85 (Rev. 01-09) Notice, Consent and Reference of a Civil Action to a Magistrate Judge
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`Civil Action No.
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`UNITED STATES DISTRICT COURT
`for the
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`_________________________________________________ District of ______________________________________________
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`__________________________________________________
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`Plaintiff
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`__________________________________________________
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`Defendant
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`NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
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`Notice of a Magistrate Judge's availability. A United States Magistrate Judge of this court is available to conduct all
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`proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be
`appealed directly to the United States Court of Appeals like any other judgment of this court. A Magistrate Judge may exercise this
`authority only if all parties voluntarily consent.
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`You may consent to have your case referred