Berall v. Teleflex Medical, Incorporated ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:22-CV-331-FL JONATHAN BERALL, M.D., M.P.H., ) ) Plaintiff, ) ) v. ) ) ORDER TELEFLEX MEDICAL INCORPORATED, ) ) Defendant. ) ) ) ) This matter is before the court on the parties’ joint motion to set upcoming deadlines in this case. After reviewing the parties’ separate proposals, the court sets the following schedule in accordance with the Local Patent Rules. Any deadlines set in previous case management orders not altered herein remain in effect. Deadline Date Disclosure of Asserted Claims and Preliminary June 27, 2023 Infringement Contentions Disclosure of Preliminary Invalidity August 11, 2023 Contentions 60 days after entry of an order on claim Close of Fact Discovery construction Expert Reports On Issues On Which Each 90 days after entry of an order on claim Party Bears Burden Of Proof construction Expert Reports On Issues On Which 120 days after entry of an order on claim Opposing Party Bears Burden Of Proof construction . . 134 d ft t f d lai Rebuttal Expert Witness Disclosures 3 ays atten entry Of an order on claim construction Close of Expert Discovery 164 days after entry of an order on claim construction . . 185 d ft try if d lai Dispositive and Daubert Motions! 8° ays alter emry Wal orcer on claim construction Responses to Dispositive and Daubert 21 days after filing of dispositive and Daubert Motions motions Replies to Dispositive and Daubert Motions 14 days after filing of responses to dispositive and Daubert motions Agreed Pretrial Order 7 days prior to final pretrial conference Final Pretrial Conference To be set by subsequent order SO ORDERED, this the 23rd day of June, 2023. x Gurr Ch/, kreger LOUISE W. FLANAGAN United States District Judge Daubert motions_are defined as motions to exclude testimony of expert witnesses pursuant to Federal Rules of Evidence 702, 703, or 705, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), or similar case law.