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14-2503 - In re Solodyn (Minocycline Hydrochloride) Antitrust Litigation


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14-2503 - In re Solodyn (Minocycline Hydrochloride) Antitrust Litigation
October 16, 2017
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Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS DPPs' motion for class certification, D. 574, and ALLOWS EPPs' motion for class certification, D. 569, under Fed. R. Civ. P. 23(b)(3), excluding Montana consumer protection claims, and DENIES EPPs' motion for class certification, D. 569, under Fed. R. Civ. P. 23(b)(2).(Hourihan, Lisa)
December 14, 2017
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Judge Denise J. Casper: ORDER entered. DPP Class Order. (Maynard, Timothy)
January 25, 2018
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Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court: 1. DENIES IN PART Defendants' motion for summary judgment on market power, D. 717, and DENIES Plaintiffs' motion for partial summary judgment on market power, D. 747, to the extent that parties rely upon circumstantial evidence of market power (including the definition of the relevant market); ALLOWS IN PART Defendants' motion for summary judgment as to direct evidence of market power. The disputed issue of market power (including definition of relevant market) shall go to the jury as to circumstantial evidence. 2. DENIES Defendants' motion for summary judgment on causation, D. 718: Plaintiffs may pursue Scenarios A and B at trial, but they have abandoned (former) Scenario 1; 3. DENIES Defendants' motion for summary judgment on all claims arising out of Mediciss settlements with Sandoz and Lupin. D. 719.As to the Daubert motions to exclude certain expert testimony, the Court: 1. DENIES Defendants' motion to exclude Dr. Christopher Baum, D. 741; 2. DENIES Defendants' motion to exclude Dr. Arthur Kibbe, D. 716; 3. DENIES Defendants' motion to exclude Dr. Keith Leffler, D. 712; 4. DENIES Defendants' motion to exclude Dr. Meredith Rosenthal, D. 745; 5. DENIES Defendants' motion to exclude Dr. Stephen Schondelmeyer, D. 711; 6. DENIES Defendants' motion to exclude Dr. Neelam Vashi, D. 714; 7. ALLOWS IN PART and DENIES IN PART Defendants' motion to exclude the opinion of John Doll, D. 715, excluding testimony as to Medicis's intent and legal conclusions; 8. ALLOWS IN PART and DENIES IN PART Defendants' motion to exclude portions of Dr. Thomas McGuire, D. 744, allowing the motion to the extent that McGuire's testimony connects his stock price event study to alternative no-payment settlement dates, but otherwise denying the motion; 9. ALLOWS IN PART and DENIES IN PART Defendants' motion to exclude John Thomas and Peter Hardigan, D. 713, allowing the motion to the extent Thomas opines on the time to trial (and appeal) of the underlying patent dispute, materiality, Medicis's intent and any legal conclusions presented as expert testimony, but otherwise denying the motion; 10. DENIES Plaintiffs' motion to exclude portions of Dr. Sumanth Addanki and Dr. Guy Webster's opinions, D. 748; 11. DENIES Plaintiffs' motion to exclude portions of Dr. Robert S. Langer's and R. Polk Wagner's opinions, D. 751; 12. ALLOWS Defendants' motion to serve the expert opinion of Dr. Louis Rossiter, D. 892.(Hourihan, Lisa)
February 6, 2018
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Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - For the reasons discussed, the Court resolves D. 742, D. 743, D. 746, D. 749 and D. 750.(Hourihan, Lisa)