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Chief Judge Stark issues pretrial rulings in related ANDA cases in advance of upcoming pretrial conference

In Forest Laboratories, Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., C.A. No. 14-121-LPS, C.A. No. 14-200-LPS, C.A. No. 14-686-LPS (D. Del. Feb. 9, 2016), Chief Judge Leonard P. Stark recently issued in limine rulings in advance of the pretrial conference for an upcoming ANDA bench trial.  Defendants requested Judge Stark exclude one of Plaintiffs’ witnesses due to late identification as a trial witness.  Judge Stark denied the request but permitted Defendants a two-hour deposition of the witness “to mitigate any unfair surprise.”  Id. at 2.  Judge Stark granted Plaintiffs’ request to exclude a new non-infringement theory disclosed by Defendants on January 26, 2016.  Id.  Judge Stark disagreed with Defendants that the late disclosure “was justified as a response to arguments in an expert report filed . . . more than two months before Defendants disclosed their new theory, given the proximity to trial.”  Id.

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