When it comes time for expert depositions in multi-defendant cases, parties often disagree about how many deposition hours each side (or more specifically, each party) should get.
Judge Stark addressed this last week in H. Lundbeck A/S v. Apotex Inc., C.A. No. 18-088-LPS (D. Del.), where he permitted seven hours of expert deposition time for common issues and four additional hours for each of the nine defendants for defendant-specific issues.
Plaintiffs' depositions of certain of defendants' experts were expanded as well, to between 9 and 14 hours.
Judge Stark explained that the limits
reflect a reasonable and appropriate exercise of the Court's discretion, considering all circumstances, including the fact that this consolidated case is, in reality, multiple cases, and that each defendant asserting non-infringement must be given a full and fair opportunity to conduct expert discovery in preparation for trial.
He dismissed plaintiffs' complaint that defendants get more time with plaintiffs' experts than plaintiffs do with defendants' expert as "unpersuasive under the circumstances."
Although large multi-defendant actions are less common than they were pre-AIA, that is not necessarily true for ANDA cases. These kinds of disputes are why parties need to agree to expert discovery limitations in the scheduling order.
If you enjoyed this post, consider subscribing to receive free e-mail updates about new posts.
