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Posted On: 06/22/2017 10:38:45 AM
Post# of 11802
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go into clinical trials in November.
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Meanwhile, back at the ranch...
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minord Minute Order Order on Motion to Continue Magistrate Judge Hearing Order on Motion for Leave to Appear Wed 2:53 PM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Peggy A. Leen, on 6/21/2017. Based on the entry of the64 Order granting the60 Stipulation for Extension of Time re Discovery Deadline, IT IS ORDERED: 1. The Scheduling Conference set for 6/27/2017, at 9:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen is VACATED . 2. The 61 Motion to Continue Scheduling Conference and 63 Motion for Leave to Appear Telephonically are DENIED as moot . (Copies have been distributed pursuant to the NEF - LN)
Yet, Mr. Berman writes:
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At a hearing in March 2017 the Federal judge denied Lifescan’s Motion to Dismiss, granted the company’s request to allege the Doctrine
of Equivalents and set dates beginning in early April 2017 and ending in early November 2017 that could set the stage for a ruling.
Sometime in June 2017 the company expects to amend its suit a second time and name other “infringers” as well as adding additional
counts to the suit. Federal rules for patent infringement suits have changed, and these suits are now adjudicated over an 18-24 month
period. The trial judge’s ruling in mid-March seems to foot with this schedule. In addition, if the schedule set by the judge does not end
the litigation, there are five scheduled Mediations in front of a Federal Judge Magistrate pushing the process along. The company
amended its suit in April 2017, alleging patent infringement on behalf of the J&J entities under the Doctrine of Equivalents. The J&J
entities answered the amended complaint later in April, and the (next step) expert testimony has begun.
How does this latest delay move forward to an "Early November" ruling?
Yeh....Yeh...Yeh...
Now the name calling continues... I can just hear the rants now...
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