Gregory M. Sleet -- a very-able US District Court Judge in Delaware -- who is presiding over the generic Levitra® launch/patent lawsuit between Teva and legacy Schering-Plough, will hold a wide-ranging teleconference to sort out issues of contention, and areas of agreement on April 15, 2010 -- a week from yesterday, thus:
. . . .Matters which the court will take up at the conference will include the following:
1. Jurisdiction and Service. Does the court have subject matter jurisdiction? Are all parties subject to the court’s jurisdiction? Do any remain to be served?
2. Substance of the Action. What are the factual and legal bases for plaintiff’s claims and defendants’ defenses?
3. Identification of Issues. What factual and legal issues are genuinely in dispute?
4. Narrowing of Issues. Can the issues in litigation be narrowed by agreement or by motions? Are there dispositive or partially dispositive issues appropriate for decision on motion?
5. Relief. What specific relief does plaintiff seek? What is the amount of damages sought and generally how is it computed?
6. Amendment of Pleadings? [Emphasis in original -- interesting.]
7. Joinder of Parties?
8. Discovery. Discovery contemplated by each party and the amount of time it may take to complete discovery? Can discovery be limited? Are less costly and time consuming methods available to obtain necessary information?9. Estimated trial length. Is it feasible or desirable to bifurcate issues for trial? Is it possible to reduce the length of the trial by stipulations, use of summaries or statements, or other expedited means of presenting evidence?
10. Jury trial?
11. Settlement. Have there been settlement discussions? What are the prospects for settlement? Is referral to the Magistrate for mediation or other ADR mechanism appropriate?
12. Such other matters as counsel considers conducive to the just, speedy and inexpensive determination of this action.
13. A statement that counsel for the parties have conferred about each of the above matters. . . .
Sort of a mini-trial, all in one teleconference -- so, it should be interesting to read that minute order. Levitra is still an about $440 million a year drug, for New Merck, via the bust-up/reverse merger. Here is a link to the overall $17.8 billion patent cliff, set as a table (with many internal links, to background pieces on each franchise's litigation status) New Merck is presently facing.
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