Delaware Sovaldi® Patent Fights, Updated: March 4, 2016 — Next Teleconference Hearing — On Unresolved Discovery Disputes

It seems the lawyers are not getting along. [Text of the oral order entered today, below in blue; my earlier backgrounder, here.]

It is rather unsual to have this many hearings, at the full District Court Judge’s level (i.e., not at the Magistrate’s desk), to resolve what should be “meet and confer” sessions, on discovery matters. On the other hand, the stakes here portend to be truly gargantuan — should one or the other prevail completely — so in their shoes, I might well do the same.

. . . .ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter,

IT IS HEREBY ORDERED that a teleconference is scheduled for March 4, 2016 at 2:45 p.m.

Counsel for the party seeking relief shall initiate the teleconference call to 302-xxx-xxxx [Redacted by yours truly].

IT IS FURTHER ORDERED that not later than February 25, 2016, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.

Not later than February 29, 2016, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party’s reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments.

Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it.

Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.

ORDERED by Judge Leonard P. Stark on February 23, 2016. . . .

So now you know — and onward, we will go. And for your part, be excellent to one another — we shall do the same.


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