Today PACER:
Case 2:16-cv-02525-MMD-NJK Document 358 Filed 01/29/20 Page 1 of 3
AMARIN PHARMA INC., Plaintiffs,
VS.
HIKMA PHARMACEUTICALS AND DR. REDDY’S LABORATORIES (DRL),
Defendants,
2:16-CV-2525-MMD-NJK MINUTES OF PROCEEDINGS
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
DATED:
January 28, 2020
PRESENT:
THE HONORABLE MIRANDA M. DU, U.S. DISTRICT JUDGE
DEPUTY CLERK: PEGGIE VANNOZZI COURT REPORTER: KATHY FRENCH
COUNSEL FOR PLAINTIFFS: Megan Keane, Christopher Sipes, Michael Kennedy, Jeffrey Ellikan, Alaina Whitt, Han
Park, Daniel Farnolly, Eric Sonnenschein
COUNSEL FOR DEFENDANT HIKMA: Charles Klein, Eimeric Reig-Plessis, W. West Allen, Claire Fundakowski, Allison Heydorn
COUNSEL FOR DEFENDANT DRL: Constance Huttner, Michael Rounds, Caroline Sun
IN COURT PROCEEDINGS: Bench trial, day 7
Proceedings begin at 8:32 AM. Also present for Amarin: Joseph Kennedy as corporate representative, Barbara Kurys as patent counsel and Litigation Support Technician David Brooks. Also present for Defendants: Neema Kumar as corporate representative for Hikma, Andrew Allen and Deeph Jain as corporate representatives for DRL and Litigation Support Technician Stephen Gros.
Direct Examination of Peter Paul Toth resumes. Mr. Elikan examines the witness PDX 6-31 is admitted as a summary demonstrative exhibit under FRE 1006. Plaintiff’s exhibit 951 is marked and admitted. Mr. Klein examines the witness. Defendants’
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exhibits 3007, 2263, and 2258 are marked and admitted. Defendants’ exhibit 1705 is marked.
Recess: 10:35 AM – 10:53 AM.
Cross examination of Peter Toth resumes. Defendants’ exhibits 2264, 1545, 2005, 3009, 3020, 1709, 1547, 3017, and 3018 are marked and admitted. Plaintiff’s exhibit 583 is marked and admitted. Defendants’ exhibits 3000, 3001, 3002, 3004, 3005, and 3006 are marked.
Mr. Ellikan presents Plaintiff’s objections to Defendants’ exhibits 3000 through 3006. these exhibits. Mr. Klein responds. Mr. Klein suggests that the exhibits could be redacted to show only the amounts Amarin has paid to Dr. Toth and Dr. Budoff. The Court directs counsel to confer on this issue during the recess.
Recess: 12:45 PM – 1:27 PM.
Mr. Sipes and Mr. Klein address the Court on the issue of disputed exhibits. For the reasons the Court has placed on the record, Defendants’ exhibits 3000, 3001, 3002, 3003, 3004, and 3005 are admitted, subject to redaction of all information that does not refer to Drs. Toth and Budoff. Defendants’ exhibit 3006 is admitted.
Mr. Ellikan examines Peter Toth on redirect examination. Plaintiff’s exhibit 905 is marked. Mr. Klein and Mr. Ellikan conduct further examination. The witness is excused.
Mr. Sipes advises that Plaintiff has no other live witnesses to offer.
Ms. Whitt advises the Court that Plaintiff will submit the designated portions of the depositions of Peter Mathers and Howard Weintraub on a thumb drive tomorrow. Plaintiff’s exhibits 289, 572, 573, and 776 are marked and admitted. Defendants’ exhibits 1701, 1678, 1681, 1682, 1897 and 1906 are marked and admitted. Ms. Sun provides a thumb drive containing the designated portions of the deposition of Aaron Berg.
Plaintiff rests its rebuttal case. Mr. Klein and Ms. Huttner advise that Defendants do not have a rebuttal case.
The Court will allow Plaintiff to offer articles regarding CMS open payments as exhibits. The Court directs Plaintiff to submit the articles to Defendants, who will have until the end of the day on 1/29/2020 to respond to Plaintiff regarding the articles. Defendants are to file a response to the proposed exhibits by 2/3/2020.
Mr. Sipes requests time to redact some of the exhibits before the exhibits are placed in the Court’s exhibit room. The Court directs Plaintiff to submit a list of redactions that
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includes the exhibit number, relevant page of the exhibit, and a statement as to why there is a compelling interest to seal that portion of the exhibit by 2/11/2020. Defendants have until 2/12/2020 to respond to Plaintiff’s list of redactions.
The Court will allow counsel to file amended proposed findings of fact, conclusions of law that cite to the transcripts. The amended proposed findings of fact, conclusions of law are due by 2/14/2020. Closing briefs are due by 2/28/2020. Counsel are to limit their closing briefs to 30 pages. Counsel are to email Word versions of the findings of fact, conclusions of law and post-trial briefs to the Courtroom Administrator.
Adjournment: 2:50 PM.
DEBRA K. KEMPI, CLERK
U.S. District Court By: Peggie Vannozzi Deputy Clerk
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