U.S. District Court District of Minnesota (DMN) CIVIL DOCKET … · U.S. District Court District of...

U.S. District Court District of Minnesota (DMN)

CIVIL DOCKET FOR CASE #: 0:08-cv-06379-JNE-JJG

CLOSED, CV, MAGAPP, PHV, PROTO

Federal Trade Commission v. Lundbeck Inc. Assigned to: Judge Joan N. Ericksen Referred to: Magistrate Judge Jeanne J. Graham

Cause: 15:0053 Federal Trade Commission Act

rel Cases: 0:08-cv-06381-JNE-JJG0:09-cv-01375-JNE-JJG0:09-cv-01586-JNE-JJG0:09-cv-01652-JNE-JJG

Date Filed: 12/16/2008 Date Terminated: 08/31/2010 Jury Demand: None Nature of Suit: 410 Anti-Trust Jurisdiction: U.S. Government Plaintiff

Plaintiff

Federal Trade Commission represented by Chad A Blumenfield United States Attorney's Office 300 S 4th St Ste 600 Mpls, MN 55415 612-664-5600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED J Robert Robertson Federal Trade Commission 600 Pennsylvania AVe NW Washington, DC 20580 202-326-2008 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jon J Nathan Federal Trade Commission 601 New Jersey Ave, NW Washington, DC 20001 202-326-2457 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Markus H Meier Federal Trade Commission 600 Pennsylvania Ave, NW Washington, DC 20580

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202-326-3759 Fax: 202-326-3384 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Martha Oppenheim Federal Trade Commission 601 New Jersey Ave, NW Washington, DC 20001 202-326-2941 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip M Eisenstat Federal Trade Commission 601 New Jersey Ave, NW Washington, DC 20001 202-326-2769 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Canterman Federal Trade Commission 601 New Jersey Ave, NW Washington, DC 20001 202-326-2701 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Sue Kim Federal Trade Commission 601 New Jersey Ave, NW Washington, DC 20001 202-326-3132 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Benjamin J Velzen Minnesota Attorney General's Office - Ste 1400 445 Minnesota St Ste 1400 St Paul, MN 55101-2131 651-757-1235 Fax: 651-296-9663 Email: [email protected]



ATTORNEY TO BE NOTICED Karen D Olson Office of Minnesota Attorney General Lori Swanson Deputy Attorney General 1400 Bremer Tower 445 Minnesota Street St. Paul, MN 55101 651-215-0439 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

Lundbeck Inc. represented by Alfred C Pfeiffer , Jr Latham & Watkins, LLP 505 Montgomery St Ste 2000 San Francisco, CA 94111-6538 415-395-8898 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Anamika Ghista Latham & Watkins, LLP 505 Montgomery St Ste 2000 San Francisco, CA 94111-6538 415-391-0600 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Ashley M Bauer Latham & Watkins, LLP 505 Montgomery St Ste 2000 San Francisco, CA 94111-6538 415-391-0600 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Karen E Silverman Latham & Watkins, LLP 505 Montgomery St Ste 2000 San Francisco, CA 94111 415-391-0600



Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Scott D Russell Latham & Watkins, LLP 505 Montgomery St Ste 2000 San Francisco, CA 94111-6538 415-391-0600 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Sean M Berkowitz Latham & Watkins, LLP 233 S Wacker Dr Ste 5800 Chicago, IL 60606 312-777-7016 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Steve W Gaskins Flynn Gaskins & Bennett, LLP 333 S 7th St Ste 2900 Mpls, MN 55402 612-333-9503 Fax: 612-333-9579 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor

Ben Venue Laboratories, Inc. represented by Dana M Lenahan Nilan Johnson Lewis PA 120 S 6th St Ste 400 Mpls, MN 55402 612-305-7524 Fax: 612-305-7501 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Emma D Salustro Jones Day 77 W Wacker Ste 3500 Chicago, IL 60601



312-269-4344 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Michael Sennett Jones Day 77 W Wacker Ste 3500 Chicago, IL 60601 312-269-4243 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Yael D Aufgang Jones Day 77 W Wacker Ste 3500 Chicago, IL 60601 312-269-4190 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Date Filed # Docket Text

12/16/2008 1 COMPLAINT against Ovation Pharmaceuticals, Inc. assigned to Judge Joan N Ericksen per Antitrust List and referred to Magistrate Judge Jeanne J Graham, filed by Federal Trade Commission. (Attachments: # 1 Civil Cover Sheet) (kt) (Entered: 12/16/2008)

12/30/2008 2 NOTICE of Appearance by Steve W Gaskins on behalf of Ovation Pharmaceuticals, Inc. (Gaskins, Steve) (Entered: 12/30/2008)

12/30/2008 3 CERTIFICATE OF SERVICE by Ovation Pharmaceuticals, Inc. re 2 Notice of Appearance (Gaskins, Steve) (Entered: 12/30/2008)

12/31/2008 4 MOTION for Admission Pro Hac Vice for Ashley M. Bauer by Ovation Pharmaceuticals, Inc.. (Gaskins, Steve) (Entered: 12/31/2008)

12/31/2008 5 MOTION for Admission Pro Hac Vice for Anamika Ghista by Ovation Pharmaceuticals, Inc.. (Gaskins, Steve) (Entered: 12/31/2008)

12/31/2008 6 MOTION for Admission Pro Hac Vice for Alfred C. Pfeiffer, Jr. by Ovation Pharmaceuticals, Inc.. (Gaskins, Steve) (Entered: 12/31/2008)

12/31/2008 7 MOTION for Admission Pro Hac Vice for Scott D. Russell by Ovation Pharmaceuticals, Inc.. (Gaskins, Steve) (Entered: 12/31/2008)

12/31/2008 8 MOTION for Admission Pro Hac Vice for Karen E. Silverman by Ovation Pharmaceuticals, Inc.. (Gaskins, Steve) (Entered: 12/31/2008)



12/31/2008 9 MOTION for Admission Pro Hac Vice for Sean M. Berkowitz by Ovation Pharmaceuticals, Inc.. (Gaskins, Steve) (Entered: 12/31/2008)

12/31/2008 10 CERTIFICATE OF SERVICE by Ovation Pharmaceuticals, Inc. re 5 MOTION for Admission Pro Hac Vice for Anamika Ghista, 8 MOTION for Admission Pro Hac Vice for Karen E. Silverman, 7 MOTION for Admission Pro Hac Vice for Scott D. Russell, 6 MOTION for Admission Pro Hac Vice for Alfred C. Pfeiffer, Jr., 4 MOTION for Admission Pro Hac Vice for Ashley M. Bauer, 9 MOTION for Admission Pro Hac Vice for Sean M. Berkowitz (Gaskins, Steve) (Entered: 12/31/2008)

12/31/2008 11 MOTION for Admission Pro Hac Vice for Kyle E. Chadwick by Federal Trade Commission. (Blumenfield, Chad) (Entered: 12/31/2008)

12/31/2008 12 ORDER that 08cv6381 is reassigned to Judge Joan N. Ericksen and Magistrate Judge Jeanne J. Graham. Signed by Judge Joan N. Ericksen on 12/23/08 and Judge John R. Tunheim on 12/31/08. (JME) (Entered: 12/31/2008)

12/31/2008 TEXT ONLY ENTRY - ORDER granting 11 Motion for Admission Pro Hac Vice of Attorney Kyle E Chadwick for Federal Trade Commission. Fee waived for U.S. government attorney.Approved by Magistrate Judge Jeanne J. Graham on 12/31/08. (MMC) (Entered: 01/06/2009)

01/05/2009 TEXT ONLY ENTRY - ORDER granting 4 , 5 , 6 , 7 , 8 , 9 Motions for Admission Pro Hac Vice of Attorneys Ashley M Bauer, Anamika Ghista, Alfred C Pfeiffer, Jr, Scott D Russell, Karen E Silverman and Sean M Berkowitz for Ovation Pharmaceuticals, Inc. Fees paid; receipt numbers 3-005175, 3-005176, 3-005177, 3-005178, 3-005179, 3-005180.Approved by Magistrate Judge Jeanne J. Graham on 1/5/09. (MMC) (Entered: 01/12/2009)

01/13/2009 13 ANSWER to Complaint by Ovation Pharmaceuticals, Inc. (Attachments: # 1 Affidavit of Service) (Gaskins, Steve) (Entered: 01/13/2009)

01/13/2009 14 MOTION for Admission Pro Hac Vice for Philip M. Eisenstat by Federal Trade Commission. (Chadwick, Kyle) (Entered: 01/13/2009)

01/13/2009 15 MOTION for Admission Pro Hac Vice for Robert Canterman by Federal Trade Commission. (Chadwick, Kyle) (Entered: 01/13/2009)

01/13/2009 16 MOTION for Admission Pro Hac Vice for Jon J. Nathan by Federal Trade Commission. (Chadwick, Kyle) (Entered: 01/13/2009)

01/13/2009 17 MOTION for Admission Pro Hac Vice for Sue Kim by Federal Trade Commission. (Chadwick, Kyle) (Entered: 01/13/2009)

01/13/2009 18 MOTION for Admission Pro Hac Vice for Martha Oppenheim by Federal Trade Commission. (Chadwick, Kyle) (Entered: 01/13/2009)

01/13/2009 TEXT ONLY ENTRY - ORDER granting 14 , 15 , 16 , 17 , 18 Motions for Admission Pro Hac Vice of Attorneys Philip M Eisenstat, Robert Canterman, Jon J Nathan, Sue Kim and Martha Oppenheim for Federal Trade Commission. Fees waived for U.S. government attorneys. Approved by Magistrate Judge Jeanne J. Graham on 1/13/09. (MMC) (Entered:



01/16/2009)

01/15/2009 19 DOCUMENT FILED IN ERROR - replaced by doc. #22. MOTION for Admission Pro Hac Vice for J. Robert Robertson by Federal Trade Commission. (Chadwick, Kyle) Modified on 1/26/2009 (MMC). (Entered: 01/15/2009)

01/15/2009 20 REPORT of Rule 26(f) Planning Meeting by Federal Trade Commission, Ovation Pharmaceuticals, Inc. (Attachments: # 1 Certificate of Service)(Pfeiffer, Alfred) (Entered: 01/15/2009)

01/20/2009 21 NOTICE of Hearing: Pretrial Conference set for 2/6/2009 11:30 AM in St Paul - Hearing Room 342 before Magistrate Judge Jeanne J. Graham. (RLR) (Entered: 01/20/2009)

01/22/2009 22 Amended MOTION for Admission Pro Hac Vice for John Robert Robertson by Federal Trade Commission. (Chadwick, Kyle) (Entered: 01/22/2009)

01/22/2009 TEXT ONLY ENTRY - ORDER granting 22 Amended Motion for Admission Pro Hac Vice of Attorney J Robert Robertson for Federal Trade Commission. Fee waived for U.S. government attorney.Approved by Magistrate Judge Jeanne J. Graham on 1/22/09. (MMC) (Entered: 01/26/2009)

01/26/2009 23 RULE 7.1 DISCLOSURE STATEMENT by Ovation Pharmaceuticals, Inc. of Ovation Holdings, LLC as corporate parent and/or publicly held company. (Attachments: # 1 Certificate of Service)(Pfeiffer, Alfred) (Entered: 01/26/2009)

01/29/2009 24 STIPULATION and Joint Motion for Protective Order by Federal Trade Commission. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Chadwick, Kyle) (Entered: 01/29/2009)

01/30/2009 25 MOTION for Admission Pro Hac Vice for Markus H. Meier by Federal Trade Commission. (Chadwick, Kyle) (Entered: 01/30/2009)

01/30/2009 TEXT ONLY ENTRY - ORDER granting 25 Motion for Admission Pro Hac Vice of Attorney Markus H Meier for Federal Trade Commission. Fee waived for U.S. government attorney. Approved by Magistrate Judge Jeanne J. Graham on 1/30/09. (MMC) (Entered: 02/03/2009)

02/05/2009 26 AMENDED NOTICE of Hearing: Pretrial Conference set for 2/6/2009 11:30 AM in St. Paul - Courtroom 3B before Magistrate Judge Jeanne J. Graham. (RLR) (Entered: 02/05/2009)

02/06/2009 27 AMENDED NOTICE of Hearing: Pretrial Conference set for 2/6/2009 11:00 AM in St. Paul - Courtroom 3B before Magistrate Judge Jeanne J. Graham. (RLR) (Entered: 02/06/2009)

02/06/2009 28 Minute Entry for proceedings held before Magistrate Judge Jeanne J. Graham: Rule 16 Discovery Conference held on 2/6/2009. Pretrial Order to be issued. (RLR) (Entered: 02/06/2009)

02/12/2009 29 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 3/6/2009.



Discovery due by 4/17/2009. Motions (non-disp) due 4/30/2009. Motions (disp) due by 5/22/2009. Ready for trial due by 9/21/2009. Signed by Magistrate Judge Jeanne J. Graham on 2/12/09. (RLR) (Entered: 02/12/2009)

02/13/2009 30 NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (kt) (Entered: 02/13/2009)

02/13/2009 31 TRANSCRIPT of Proceedings held on 2/6/09 before Magistrate Judge Jeanne J. Graham. (48 pages). Court Reporter: Leslie Pingley (Telephone: 612-771-3744). Redaction Request due 3/6/2009. Redacted Transcript Deadline set for 3/16/2009. Release of Transcript Restriction set for 5/14/2009. For information on redaction procedures, please review Local Rule 5.5. (kt) (Entered: 02/13/2009)

02/27/2009 32 MOTION for Protective Order to Prevent FTC and Minnesota from Denying Ovation's In-House Counsel Access to Discovery by Ovation Pharmaceuticals, Inc. (Gaskins, Steve) (Entered: 02/27/2009)

02/27/2009 33 MEMORANDUM in Support re 32 MOTION for Protective Order to Prevent FTC and Minnesota from Denying Ovation's In-House Counsel Access to Discovery filed by Ovation Pharmaceuticals, Inc. (Attachments: # 1 Exhibit(s) 1, 2, 3, # 2 LR7.1 Word Count Compliance Certificate)(Gaskins, Steve) (Entered: 02/27/2009)

02/27/2009 34 Declaration of Alfred C. Pfeiffer, Jr. in Support of 32 MOTION for Protective Order to Prevent FTC and Minnesota from Denying Ovation's In-House Counsel Access to Discovery, 33 Memorandum in Support of Motion, filed by Ovation Pharmaceuticals, Inc. (Attachments: # 1 Exhibit(s) A, B, C, K, L, # 2 Placeholder for Exhibits D-J, M-Q)(Gaskins, Steve) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 3/3/09. (KT) (Entered: 02/27/2009)

02/27/2009 35 Declaration of Scott D. Russell in Support of 32 MOTION for Protective Order to Prevent FTC and Minnesota from Denying Ovation's In-House Counsel Access to Discovery, 33 Memorandum in Support of Motion, filed by Ovation Pharmaceuticals, Inc. (Gaskins, Steve) (Entered: 02/27/2009)

02/27/2009 36 Declaration of Patrick Morris in Support of 32 MOTION for Protective Order to Prevent FTC and Minnesota from Denying Ovation's In-House Counsel Access to Discovery, 33 Memorandum in Support of Motion, filed by Ovation Pharmaceuticals, Inc. (Gaskins, Steve) (Entered: 02/27/2009)

02/27/2009 37 CERTIFICATE OF SERVICE by Ovation Pharmaceuticals, Inc. re 36 Declaration in Support, 32 MOTION for Protective Order to Prevent FTC and Minnesota from Denying Ovation's In-House Counsel Access to Discovery, 35 Declaration in Support, 33 Memorandum in Support of Motion, 34 Declaration in Support, (Gaskins, Steve) (Entered: 02/27/2009)

03/02/2009 38 MOTION to Seal Document 34 Declaration in Support, by Ovation Pharmaceuticals, Inc. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 03/02/2009)

03/02/2009 39 ORDER granting 38 Motion to Seal Document. Signed by Magistrate Judge



Jeanne J. Graham on 3/2/09. (RLR) (Entered: 03/03/2009)

03/05/2009 40 MOTION to Seal Document Memorandum in Opposition to Defendant's Motion Requesting that its In-House Counsel Have Access to Documents Designated "Attorneys' Eyes Only" by Federal Trade Commission. (Chadwick, Kyle) (Entered: 03/05/2009)

03/05/2009 41 ORDER granting 40 Motion to Seal Document. Signed by Magistrate Judge Jeanne J. Graham on 3/5/09. (RLR) (Entered: 03/06/2009)

03/06/2009 42 MEMORANDUM in Opposition re 32 MOTION for Protective Order to Prevent FTC and Minnesota from Denying Ovation's In-House Counsel Access to Discovery filed by Federal Trade Commission. (Chadwick, Kyle) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/6/09. (KT) (Entered: 03/06/2009)

03/06/2009 43 MOTION to Intervene by Ben Venue Laboratories, Inc. (Lenahan, Dana) (Entered: 03/06/2009)

03/06/2009 44 MEMORANDUM in Support re 43 MOTION to Intervene filed by Ben Venue Laboratories, Inc. (Lenahan, Dana) (Entered: 03/06/2009)

03/06/2009 45 Declaration of Dana M. Lenahan in Support of 43 MOTION to Intervene filed by Ben Venue Laboratories, Inc. (Attachments: # 1 Exhibit(s) No. 1, # 2 Exhibit(s) No. 2)(Lenahan, Dana) (Entered: 03/06/2009)

03/06/2009 46 Declaration of David Gaugh in Support of 43 MOTION to Intervene filed by Ben Venue Laboratories, Inc. (Lenahan, Dana) (Entered: 03/06/2009)

03/06/2009 47 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Ben Venue Laboratories, Inc. re 44 Memorandum in Support of Motion filed by Ben Venue Laboratories, Inc. (Lenahan, Dana) (Entered: 03/06/2009)

03/06/2009 48 RULE 7.1 DISCLOSURE STATEMENT by Ben Venue Laboratories, Inc. of Boehringer Ingleheim Corporation as corporate parent and/or publicly held company and Bedford Laboratories, a division of Ben Venue Laboratories, Inc. (Lenahan, Dana) (Entered: 03/06/2009)

03/06/2009 49 CERTIFICATE OF SERVICE by Ben Venue Laboratories, Inc. re 46 Declaration in Support, 43 MOTION to Intervene, 48 Rule 7.1 - Disclosure Statement, 45 Declaration in Support, 47 LR7.1 Word Count Compliance Certificate, 44 Memorandum in Support of Motion (Lenahan, Dana) (Entered: 03/06/2009)

03/06/2009 50 MOTION for Admission Pro Hac Vice for Michael Sennett by Ben Venue Laboratories, Inc. (Lenahan, Dana) (Entered: 03/06/2009)

03/06/2009 51 DOCUMENT FILED IN ERROR - replaced by doc. #57. MOTION for Admission Pro Hac Vice for Emma Salustro by Ben Venue Laboratories, Inc. (Lenahan, Dana) Modified on 3/13/2009 (MMC). (Entered: 03/06/2009)

03/06/2009 52 DOCUMENT FILED IN ERROR - replaced by doc. #58. MOTION for Admission Pro Hac Vice for Yael D. Aufgang by Ben Venue Laboratories, Inc. (Lenahan, Dana) Modified on 3/13/2009 (MMC). (Entered: 03/06/2009)



03/06/2009 53 CERTIFICATE OF SERVICE by Ben Venue Laboratories, Inc. re 50 MOTION for Admission Pro Hac Vice for Michael Sennett, 52 MOTION for Admission Pro Hac Vice for Yael D. Aufgang, 51 MOTION for Admission Pro Hac Vice for Emma Salustro (Lenahan, Dana) (Entered: 03/06/2009)

03/10/2009 54 CERTIFICATE OF SERVICE by Federal Trade Commission re 42 Memorandum in Opposition to Motion Requesting That Ovation's In-House Counsel Have Access to Documents Designated "Attorneys' Eyes Only" and In Support of Its Motion for a Protective Order Precluding Ovation's In-House Counsel From Accessing Documents Designated Attorneys' Eyes Only (Chadwick, Kyle) (Entered: 03/10/2009)

03/10/2009 55 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Federal Trade Commission re 42 Memorandum in Opposition to Motion filed by Federal Trade Commission. (Chadwick, Kyle) (Entered: 03/10/2009)

03/12/2009 56 LETTER TO MAGISTRATE JUDGE by Ovation Pharmaceuticals, Inc. Request for Telephonic Discovery Conference. (Gaskins, Steve) (Entered: 03/12/2009)

03/12/2009 57 Amended MOTION for Admission Pro Hac Vice for Emma Salustro by Ben Venue Laboratories, Inc. (Lenahan, Dana) (Entered: 03/12/2009)

03/12/2009 58 Amended MOTION for Admission Pro Hac Vice for Yael D. Aufgang by Ben Venue Laboratories, Inc. (Lenahan, Dana) (Entered: 03/12/2009)

03/12/2009 59 CERTIFICATE OF SERVICE by Ben Venue Laboratories, Inc. re 57 Amended MOTION for Admission Pro Hac Vice for Emma Salustro, 58 Amended MOTION for Admission Pro Hac Vice for Yael D. Aufgang (Lenahan, Dana) (Entered: 03/12/2009)

03/12/2009 TEXT ONLY ENTRY - ORDER granting 50 Motion foe Admission Pro Hac Vice of Attorney Michael Sennett and 57 , 58 granting Amended Motions for Admission Pro Hac Vice of Attorneys Emma D Salustro and Yael D Aufgang for Ben Venue Laboratories, Inc. Fees paid; receipt number 4-032182.Approved by Magistrate Judge Jeanne J. Graham on 3/12/09. (MMC) (Entered: 03/13/2009)

03/13/2009 60 LETTER TO MAGISTRATE JUDGE by Ben Venue Laboratories, Inc. (Sennett, Michael) (Entered: 03/13/2009)

03/17/2009 61 RESPONSE in Opposition re 43 MOTION to Intervene filed by Ovation Pharmaceuticals, Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Gaskins, Steve) (Entered: 03/17/2009)

03/17/2009 62 Declaration of Scott D. Russell in Support of 61 Response in Opposition to Motion filed by Ovation Pharmaceuticals, Inc. (Gaskins, Steve) (Entered: 03/17/2009)

03/17/2009 63 CERTIFICATE OF SERVICE by Ovation Pharmaceuticals, Inc. re 62 Declaration in Support, 61 Response in Opposition to Motion (Gaskins, Steve) (Entered: 03/17/2009)

03/18/2009 64 LETTER FROM MAGISTRATE JUDGE Jeanne J. Graham to Counsel re:



letters filed docs 44 and 45 . (RLR) (Entered: 03/19/2009)

04/10/2009 65 MOTION for Leave to File Amended Complaint by Federal Trade Commission. (Attachments: # 1 Exhibit(s) [Proposed] Amended Complaint, # 2 Exhibit(s) Redline Amended Complaint)(Chadwick, Kyle) (Entered: 04/10/2009)

04/10/2009 66 CERTIFICATE OF SERVICE by Federal Trade Commission re 65 MOTION for Leave to File Amended Complaint (Chadwick, Kyle) (Entered: 04/10/2009)

04/10/2009 67 ORDER ON PLAINTIFF FEDERAL TRADE COMMISSION'S MOTION FOR LEAVE TO AMEND IT IS HEREBY ORDERED that Plaintiff Federal Trade Commission's Motion for Leave to Amend Its Complaint is GRANTED. The Commission shall separately file its amended complaint without delay. Signed by Magistrate Judge Jeanne J. Graham on 04/10/2009. (jz) (Entered: 04/10/2009)

04/10/2009 68 AMENDED COMPLAINT against Ovation Pharmaceuticals, Inc., filed by Federal Trade Commission. (Chadwick, Kyle) (Entered: 04/10/2009)

04/30/2009 69 Joint MOTION to Extend Time for Non-Dispositive Motions Related to Fact Discovery by Federal Trade Commission, Lundbeck Inc. (Attachments: # 1 Certificate of Service)(Pfeiffer, Alfred) (Entered: 04/30/2009)

05/04/2009 70 ORDER granting 69 Motion to Extend deadline to file non-dispositive motions related to fact discovery to May 29, 2009 for those outstanding discovery issues the parties have identified and discussed through meet and confer on April 29, 2009. Signed by Magistrate Judge Jeanne J. Graham on 5/4/09. (kt) (Entered: 05/04/2009)

05/08/2009 71 LETTER TO MAGISTRATE JUDGE by Ovation Pharmaceuticals, Inc. (Gaskins, Steve) (Entered: 05/08/2009)

05/08/2009 72 LETTER TO MAGISTRATE JUDGE by Federal Trade Commission. (Chadwick, Kyle) (Entered: 05/08/2009)

05/11/2009 73 Minute Entry for proceedings held before Magistrate Judge Jeanne J. Graham: Discovery Hearing held on 5/11/2009. The parties discussed issues relating to expert discovery, including the scheduling of depositions. All depositions will take place after reports are served. The parties will discuss and submit a stipulation with proposed dates for an extension of up to two (2) weeks for expert deadlines. The deposition schedule will take into account the need to take depositions in a reasonable order based upon the time and nature of the reports submitted. (kt) (Entered: 05/12/2009)

05/18/2009 74 LETTER TO MAGISTRATE JUDGE by Lundbeck Inc. (Attachments: # 1 Text of Proposed Order)(Gaskins, Steve) (Entered: 05/18/2009)

05/19/2009 75 LETTER TO MAGISTRATE JUDGE by Federal Trade Commission. (Attachments: # 1 Text of Proposed Order)(Chadwick, Kyle) (Entered: 05/19/2009)

05/19/2009 76 MOTION to Seal File Under Seal Memorandum of Law in Support of Motion



for Summary Judgment by Lundbeck Inc. (Attachments: # 1 Affidavit of Service)(Gaskins, Steve) (Entered: 05/19/2009)

05/19/2009 77 SEALED ORDER re: 32 Motion for Protective Order and 43 Motion to Intervene. Signed by Magistrate Judge Jeanne J. Graham on 5/19/09. (LPH) (Entered: 05/19/2009)

05/20/2009 78 ORDER granting 76 Motion to file under Seal. Signed by Magistrate Judge Jeanne J. Graham on 5/20/09. (RLR) (Entered: 05/20/2009)

05/20/2009 79 ORDER GRANTING DEFENDANT OVATION PHARMACEUTICALS, INC.'s Motion to file under seal. Signed by Magistrate Judge Jeanne J. Graham on 5/20/09. (RLR) (Entered: 05/20/2009)

05/20/2009 80 MOTION for Leave to File Excess Pages to Exceed the LR 7.1(C) Word Limit by Lundbeck Inc. (Attachments: # 1 Affidavit of Service)(Gaskins, Steve) (Entered: 05/20/2009)

05/21/2009 81 BRIEF in Opposition to Defendant's Motion for Protective Order to Prevent FTC and State of Minn from Denying Ovation's In-House Counsel Access to Discovery. (Salustro, Emma) (Entered: 05/21/2009)

05/21/2009 82 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Ben Venue Laboratories, Inc. re 81 Brief. (Salustro, Emma) (Entered: 05/21/2009)

05/21/2009 83 CERTIFICATE OF SERVICE by Ben Venue Laboratories, Inc. re 81 Brief, 82 LR7.1 Word Count Compliance Certificate. (Salustro, Emma) (Entered: 05/21/2009)

05/22/2009 84 ORDER re: Expert Discovery Schedule. Signed by Magistrate Judge Jeanne J. Graham on 5/21/09. (RLR) (Entered: 05/22/2009)

05/22/2009 85 MOTION for Summary Judgment by Lundbeck Inc. (Gaskins, Steve) (Entered: 05/22/2009)

05/22/2009 86 NOTICE OF HEARING ON MOTION 85 MOTION for Summary Judgment : Motion Hearing set for 7/17/2009 09:30 AM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen. (Gaskins, Steve) (Entered: 05/22/2009)

05/22/2009 87 DOCUMENT FILED IN ERROR: MEMORANDUM in Support re 85 MOTION for Summary Judgment (Placeholder) filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Gaskins, Steve) Modified on 5/27/2009 (TSS). (Entered: 05/22/2009)

05/22/2009 88 Declaration of Scott D. Russell in Support of 87 Memorandum in Support of Motion, 86 Notice of Hearing on Motion, 85 MOTION for Summary Judgment filed by Lundbeck Inc. (Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 5/26/09. (KT) (Entered: 05/22/2009)

05/22/2009 89 Declaration of Michael Burke in Support of 87 Memorandum in Support of Motion, 86 Notice of Hearing on Motion, 85 MOTION for Summary Judgment filed by Lundbeck Inc. (Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 5/26/09. (KT) (Entered: 05/22/2009)



05/22/2009 90 Declaration of Curtis Rhine in Support of 87 Memorandum in Support of Motion, 86 Notice of Hearing on Motion, 85 MOTION for Summary Judgment filed by Lundbeck Inc. (Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 5/26/09. (KT) (Entered: 05/22/2009)

05/22/2009 91 Declaration of Bryan Stuart in Support of 87 Memorandum in Support of Motion, 86 Notice of Hearing on Motion, 85 MOTION for Summary Judgment filed by Lundbeck Inc. (Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 5/26/09. (KT) (Entered: 05/22/2009)

05/22/2009 92 CERTIFICATE OF SERVICE by Lundbeck Inc. re 87 Memorandum in Support of Motion, 86 Notice of Hearing on Motion, 85 MOTION for Summary Judgment. (Gaskins, Steve) (Entered: 05/22/2009)

05/26/2009 93 MEMORANDUM in Support re 85 MOTION for Summary Judgment Placeholder for Corrected Brief filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Affidavit of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 5/26/09. (KT) (Entered: 05/26/2009)

05/27/2009 94 ORDER granting 80 Motion for Leave to File Excess Pages. Signed by Judge Joan N. Ericksen on May 27, 2009. (slf) (Entered: 05/27/2009)

05/29/2009 95 NOTICE by Federal Trade Commission re 77 Order on Motion for Protective Order, Order on Motion to Intervene Notice of Filing of Proposed Order (Attachments: # 1 Text of Proposed Order)(Chadwick, Kyle) (Entered: 05/29/2009)

05/29/2009 96 CERTIFICATE OF SERVICE by Federal Trade Commission re 95 Notice (Other). (Chadwick, Kyle) (Entered: 05/29/2009)

05/29/2009 97 Amended ANSWER to Amended Complaint by Lundbeck Inc. (Attachments: # 1 Affidavit of Service) (Gaskins, Steve) (Entered: 05/29/2009)

06/03/2009 98 PROTECTIVE ORDER. Signed by Magistrate Judge Jeanne J. Graham on 6/3/09. (RLR) (Entered: 06/03/2009)

06/08/2009 99 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 77 Order on Motion for Protective Order, Order on Motion to Intervene. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Placeholder for Exhibits)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 6/8/09. (KT) (Entered: 06/08/2009)

06/08/2009 100 Declaration of Scott Russell in Support of 77 Order on Motion for Protective Order, Order on Motion to Intervene filed by Lundbeck Inc. (Attachments: # 1 Placeholder for Exhibits A-T)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 6/9/09. (KT) (Entered: 06/08/2009)

06/08/2009 101 CERTIFICATE OF SERVICE by Lundbeck Inc. re 99 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 77 Order on Motion for Protective Order, Order on Motion to Intervene. (Gaskins, Steve) (Entered: 06/08/2009)

06/12/2009 102 LETTER TO MAGISTRATE JUDGE by Federal Trade Commission By



Permission, Requesting Teleconference. (Chadwick, Kyle) (Entered: 06/12/2009)

06/15/2009 103 LETTER TO MAGISTRATE JUDGE by Lundbeck Inc. Responding to Plaintiffs' Letter of June 12, 2009; By Permission, Requesting Teleconference. (Pfeiffer, Alfred) (Entered: 06/15/2009)

06/16/2009 104 ORDER re that the parties shall meet and confer in an attempt to resolve this deposition dispute on or before June 24, 2009, including discussing anagreement to start with a Rule 30(b)(6). re: 102 Letter to Magistrate Judge filed by Federal Trade Commission, 103 Letter to Magistrate Judge filed by Lundbeck Inc. Signed by Magistrate Judge Jeanne J. Graham on 6/16/09. (RLR) (Entered: 06/16/2009)

06/22/2009 105 LETTER TO DISTRICT JUDGE by Lundbeck Inc. Re Due Date for Reply. (Gaskins, Steve) (Entered: 06/22/2009)

06/22/2009 106 MOTION to Seal Document Memorandum of Law In Support of Motion for Protective Order Precluding Defendant Lundbeck Inc. From Enforcing Subpoena Duces Tecum Against Children's Hospital of Pennsylvania by Federal Trade Commission. (Chadwick, Kyle) (Entered: 06/22/2009)

06/23/2009 107 RESPONSE by Ben Venue Laboratories, Inc. to Defendant Ovation's Objection to Magistrate Judge Graham's May 19, 2009 Order. (Attachments: # 1 Placeholder for Exhibits A & B to Ben Venue's Response to Ovation's Objection, # 2 LR7.1 Word Count Compliance Certificate)(Sennett, Michael) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 6/23/09. (KT) (Entered: 06/23/2009)

06/23/2009 108 CERTIFICATE OF SERVICE by Ben Venue Laboratories, Inc. re 107 Response. (Sennett, Michael) (Entered: 06/23/2009)

06/23/2009 109 MOTION to Seal Document Response to Lundbeck Inc.'s Objection to Magistrate Judge Graham's May 19, 2009 Order by Federal Trade Commission. (Chadwick, Kyle) (Entered: 06/23/2009)

06/24/2009 110 ORDER that 09-cv-1375 ADM/FLN be reassigned to Judge Joan N. Ericksen and Magistrate Judge Jeanne J. Graham. Signed by Judge Joan N. Ericksen and Judge Ann D. Montgomery on 6/22/2009 and 6/24/2009. (MGV) (Entered: 06/24/2009)

06/25/2009 111 NOTICE by Federal Trade Commission to Withdraw Motion to File Under Seal Response to Lundbeck Inc.'s Objection to Magistrate Judge Graham's May 19, 2009 Order. (Chadwick, Kyle) (Entered: 06/25/2009)

06/25/2009 112 RESPONSE re 99 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 77 Order on Motion for Protective Order, Order on Motion to InterveneAPPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 77 Order on Motion for Protective Order, Order on Motion to Intervene filed by Federal Trade Commission. (Chadwick, Kyle) (Entered: 06/25/2009)

06/25/2009 113 MOTION to Seal Document Plaintiffs' Response to Lundbeck Inc.'s Motion for Summary Judgment by Federal Trade Commission. (Attachments: # 1



Certificate of Service)(Chadwick, Kyle) (Entered: 06/25/2009)

06/29/2009 114 ORDER granting 106 Motion to File Memorandum Under Seal. Signed by Magistrate Judge Jeanne J. Graham on 6/29/09. (kt) (Entered: 06/29/2009)

06/29/2009 115 ORDER granting 113 Motion to file their responses to Lundbeck, Inc.'s Motion for Summary Judgment as well as all related materials under seal. Signed by Magistrate Judge Jeanne J. Graham on 6/29/09. (kt) (Entered: 06/29/2009)

06/29/2009 116 DECLARATION of Kyle Chadwick by Federal Trade Commission AND EXHIBITS 6-419. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) DOCUMENTS RECEIVED IN CLERK'S 6/29/09 (VEM). (Entered: 06/29/2009)

06/29/2009 117 MEMORANDUM in Opposition re 85 MOTION for Summary Judgment filed by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) DOCUMENTS RECEIVED IN CLERK'S OFFICE 6/29/09 (VEM). (Entered: 06/29/2009)

06/29/2009 118 DOCUMENT FILED IN ERROR - WILL RE-FILE LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Federal Trade Commission re 117 Memorandum in Opposition to Motion. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) Modified text on 6/29/2009 (jam). (Entered: 06/29/2009)

06/29/2009 119 CERTIFICATE OF SERVICE by Federal Trade Commission to Memorandum in Opposition to Defendant Lundbeck Inc.'s Motion for Summary Judgment filed under seal in a conventional filing. (Chadwick, Kyle) (Entered: 06/29/2009)

06/29/2009 120 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Federal Trade Commission re 117 Memorandum in Opposition to Motion. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 06/29/2009)

07/01/2009 121 MOTION for Protective Order Precluding Defendant Lundbeck Inc.'s Enforcement of Its Subpoena Duces Tecum Issued to Children's Hospital of Philadelphia by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 07/01/2009)

07/01/2009 122 CERTIFICATE OF COMPLIANCE WITH LR 37.1 re: 121 MOTION for Protective Order Precluding Defendant Lundbeck Inc.'s Enforcement of Its Subpoena Duces Tecum Issued to Children's Hospital of Philadelphia filed by Federal Trade Commission by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 07/01/2009)

07/01/2009 123 NOTICE OF HEARING ON MOTION 121 MOTION for Protective Order Precluding Defendant Lundbeck Inc.'s Enforcement of Its Subpoena Duces Tecum Issued to Children's Hospital of Philadelphia : Motion Hearing set for 7/28/2009 09:30 AM in Courtroom 3B (STP) before Magistrate Judge Jeanne J. Graham. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) Modified Judge on 7/1/2009 (RLR). (Entered: 07/01/2009)

07/01/2009 124 MEMORANDUM in Support re 121 MOTION for Protective Order



Precluding Defendant Lundbeck Inc.'s Enforcement of Its Subpoena Duces Tecum Issued to Children's Hospital of Philadelphia filed by Federal Trade Commission. (Attachments: # 1 Certificate of Service, # 2 LR7.1 Word Count Compliance Certificate)(Chadwick, Kyle) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/1/09. (KT) (Entered: 07/01/2009)

07/01/2009 125 CERTIFICATE OF SERVICE by Federal Trade Commission for Memorandum of Law In Support of Motion for Protective Order Precluding Defendant Lundbeck Inc.'s Enforcement of Its Subpoena Duces Tecum Issued to Children's Hospital of Philadelphia Filed Under Seal in a Conventional Format. (Chadwick, Kyle) (Entered: 07/01/2009)

07/01/2009 126 ORDER OF DIRECTION TO THE CLERK OF COURT FOR REASSIGNMENT OF RELATED CASE. 09cv1586 is reassigned to Judge Joan N. Ericksen and Magistrate Judge Jeanne J. Graham. Signed by Judge Joan N. Ericksen on 6/26/09 and by Judge Patrick J. Schiltz on 7/1/09. (JME) (Entered: 07/01/2009)

07/06/2009 127 ORDER OF DIRECTION TO THE CLERK OF COURT FOR REASSIGNMENT OF RELATED CASES that 09cv1652 is reassigned to Judge Joan N. Ericksen and Magistrate Judge Jeanne J. Graham. Signed by Judge Joan N. Ericksen and Judge Ann D. Montgomery on 7/6/09. (JME) (Entered: 07/06/2009)

07/08/2009 128 REPLY to Response to Motion re 85 MOTION for Summary Judgment Placeholder filed by Lundbeck Inc. (Attachments: # 1 Certificate of Compliance with LR 37.1, # 2 Affidavit of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/9/09. (KT) (Entered: 07/08/2009)

07/09/2009 129 Declaration of Ashley M. Bauer in Support of 128 Reply to Response to Motion filed by Lundbeck Inc.. (Attachments: # 1 Exhibit(s) 1, 2)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/9/09. (KT) (Entered: 07/09/2009)

07/09/2009 130 ORDER re 99 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 77 Order on Motion for Protective Order, Order on Motion to InterveneAPPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 77 Order on Motion for Protective Order, Order on Motion to Intervene. Signed by Judge Joan N. Ericksen on July 9, 2009. (slf) (Entered: 07/09/2009)

07/09/2009 131 OBJECTION re 85 MOTION for Summary Judgment to Plaintiffs' Evidence filed by Lundbeck Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Affidavit of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/9/09. (KT) (Entered: 07/09/2009)

07/09/2009 132 Declaration of Alfred P. Pfeiffer, Jr. in Support of 131 Objection filed by Lundbeck Inc.. (Attachments: # 1 Placeholder for Exhibits to Pfeiffer Declaration)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/9/09. (KT) (Entered: 07/09/2009)

07/13/2009 133 STIPULATION and Motion to Extend Time for Expert Discovery and



Related Non-Dispositive Motions by all parties. (Attachments: # 1 Certificate of Service)(Pfeiffer, Alfred) (Entered: 07/13/2009)

07/14/2009 134 LETTER TO DISTRICT JUDGE by Federal Trade Commission Regarding the Inadvertent Omission of PX 119 to Memorandum in Opposition to Motion for Summary Judgment. (Attachments: # 1 Exhibit(s) PX 119, # 2 Certificate of Service Certificate of Service)(Chadwick, Kyle) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/15/09. (KT) (Entered: 07/14/2009)

07/15/2009 135 ORDER GRANTING EXTENSION OF TIME FOR EXPERT DISCOVERY AND RELATED NON-DISPOSITIVE MOTIONS re 133 Stipulation filed by Lundbeck Inc. Signed by Magistrate Judge Jeanne J. Graham on 07/15/2009. (NES) (Entered: 07/15/2009)

07/17/2009 136 Minute Entry for proceedings held before Judge Joan N. Ericksen: Motion Hearing held on 7/17/2009 re 85 MOTION for Summary Judgment filed by Lundbeck Inc. Motion taken under advisement. (Court Reporter Maria Weinbeck) (slf) (Entered: 07/17/2009)

07/21/2009 137 ORDER denying 85 Motion for Summary JudgmentIT IS ORDERED THAT:1.Lundbecks motions for summary judgment [Docket No. 85 in Civil No. 08-6379; Docket No. 67 in Civil No. 08-6381] are DENIED.2.These cases are set for trial on December 7, 2009. (Written Opinion). Signed by Judge Joan N. Ericksen on July 21, 2009. (slf) (Entered: 07/21/2009)

07/21/2009 138 MEMORANDUM in Opposition re 121 MOTION for Protective Order Precluding Defendant Lundbeck Inc.'s Enforcement of Its Subpoena Duces Tecum Issued to Children's Hospital of Philadelphia filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/21/09. (KT) (Entered: 07/21/2009)

07/24/2009 139 LETTER TO MAGISTRATE JUDGE by Lundbeck Inc. (Gaskins, Steve) (Entered: 07/24/2009)

07/27/2009 140 ORDER TO CONDUCT MOTIONHEARING BY TELEPHONE. The motion hearing scheduled to take place on July 28, 2009 at 9:30 a.m. in Courtroom 3B shall take place by conference call. Signed by Magistrate Judge Jeanne J. Graham on 07/27/2009. (NES) (Entered: 07/27/2009)

07/28/2009 141 Minute Entry for proceedings held before Magistrate Judge Jeanne J. Graham: granting in part and denying in part 121 MOTION for Protective Order Precluding Defendant Lundbeck Inc.'s Enforcement of Its Subpoena Duces Tecum Issued to Children's Hospital of Philadelphia filed by Federal Trade Commission. (NES) (Entered: 07/28/2009)

07/28/2009 142 TEXT ONLY ENTRY. Verbal ORDER ruling on the Federal Trade Commission and State of Minnesotas Motion for a Protective Order Precluding Defendant Lundbecks Enforcement of its Subpoena Duces Tecum Issued to Childrens Hospital of Philadelphia. For the reasons stated fully on the record, the Court GRANTED in part and DENIED in part the Motion. Signed by Judge Magistrate Judge Jeanne J. Graham. (NES) (Entered:



07/28/2009)

08/14/2009 143 Joint MOTION for Extension of Time to Complete Discovery of Expert Witness by Federal Trade Commission, Lundbeck Inc. (Attachments: # 1 *Attachment filed in error, does not get filed in ECF* Text of Proposed Order, # 2 Certificate of Service)(Chadwick, Kyle) Modified text on 8/17/2009 (RLR). (Entered: 08/14/2009)

08/17/2009 144 ORDER GRANTING EXTENSION OF TIME FOR EXPERT DISCOVERY AND RELATED NON-DISPOSITIVE MOTIONS re 123 Notice of Hearing on Motion, 143 Joint MOTION for Extension of Time to Complete Discovery of Expert Witness filed by Lundbeck Inc., Federal Trade Commission. IT IS HEREBY ORDERED that the Order filed on July 15, 2009 (Doc. Nos. 135 and 115, respectively) will be modified as follows: the deadline to conclude expert depositions and file non-dispositive motions related to expert discovery shall be extended to September 10, 2009 solely for the single outstanding expert deposition of Thomas McCarthy, Ph.D. Signed by Magistrate Judge Jeanne J. Graham on 08/17/2009. (NES) (Entered: 08/17/2009)

10/06/2009 145 NOTICE by Lundbeck Inc., Ovation Pharmaceuticals, Inc. of Motion for Qualified Protective Order; No Hearing Requested (Gaskins, Steve) (Entered: 10/06/2009)

10/06/2009 146 MOTION for Protective Order Qualified by Lundbeck Inc., Ovation Pharmaceuticals, Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 10/06/2009)

10/07/2009 147 ORDER granting 146 Motion for Protective Order. Signed by Magistrate Judge Jeanne J. Graham on 10/7/09. (kt) (Entered: 10/07/2009)

10/16/2009 148 NOTICE Pretrial Conference set for 11/24/2009 09:30 AM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen. (slf) Modified text on 11/2/2009 (RLR). (Entered: 10/16/2009)

10/19/2009 149 NOTICE OF SETTLEMENT CONFERENCE: (Settlement Conference set for 12/1/2009 09:30 AM in Courtroom 3B (STP) before Magistrate Judge Jeanne J. Graham). Signed by Magistrate Judge Jeanne J. Graham on 10/19/09. (akl) (Entered: 10/19/2009)

10/26/2009 150 MOTION to Seal Certain Pretrial Documents by Federal Trade Commission. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Chadwick, Kyle) (Entered: 10/26/2009)

10/27/2009 151 Witness List by Lundbeck Inc., Ovation Pharmaceuticals, Inc. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 152 NOTICE by Federal Trade Commission of Motion in Limine to Exclude Expert Medical and Pharmacological Opinion Testimony by Lay Witnesses. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 153 MOTION in Limine to Exclude Expert Medical and Pharmacological



Opinion Testimony by Lay Witnesses by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 154 MEMORANDUM in Support re 153 MOTION in Limine to Exclude Expert Medical and Pharmacological Opinion Testimony by Lay Witnesses filed by Federal Trade Commission. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 155 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Federal Trade Commission re 154 Memorandum in Support of Motion. (Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 156 Witness List by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 157 Proposed Findings of Fact by Lundbeck Inc., Ovation Pharmaceuticals, Inc. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 158 Supplemental MOTION to Seal Certain Pretrial Documents by Federal Trade Commission. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 159 NOTICE by Federal Trade Commission of Motion in Limine to Admit Two Asset Valuation Reports as Adoptive Party Admissions Under Federal Rule of Evidence 801(d)(2)(B). (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 160 MOTION in Limine to Admit Two Asset Valuation Reports as Adoptive Party Admissions Under Federal Rule of Evidence 801(d)(2)(B) by Federal Trade Commission. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 161 NOTICE by Federal Trade Commission of Motion in Limine to Exclude Two "Profit and Loss Statements" Prepared Outside the Ordinary Course of Business. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 162 MOTION in Limine to Exclude Two "Profit and Loss Statements" Prepared Outside the Ordinary Course of Business by Federal Trade Commission. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 163 DOCUMENT FILED IN ERROR: REFILE. NOTICE by Federal Trade Commission of Motion to Exclude Certain Opinion Testimony of Dr. Lance Parton, Lundbeck's Medical Expert (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Chadwick, Kyle) Modified text on 10/27/2009 (kt). (Entered: 10/27/2009)

10/27/2009 164 MOTION in Limine to Exclude Certain Opinion Testimony of Dr. Lance Parton, Lundbeck's Medical Expert by Federal Trade Commission. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)



(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 165 NOTICE by Federal Trade Commission re 164 MOTION in Limine to Exclude Certain Opinion Testimony of Dr. Lance Parton, Lundbeck's Medical Expert. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 10/27/2009)

10/27/2009 166 MOTION to Exclude Opinions and Testimony of Stephen W. Schondelmeyer, Pharm. M.D., Ph.D. by Lundbeck Inc., Ovation Pharmaceuticals, Inc. (Gaskins, Steve) (Entered: 10/27/2009)

10/27/2009 167 NOTICE OF HEARING ON MOTION 166 MOTION to Exclude Opinions and Testimony of Stephen W. Schondelmeyer, Pharm. M.D., Ph.D. : Motion Hearing set for 11/24/2009 09:30 AM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen. (Gaskins, Steve) (Entered: 10/27/2009)

10/27/2009 168 MEMORANDUM in Support re 166 MOTION to Exclude Opinions and Testimony of Stephen W. Schondelmeyer, Pharm. M.D., Ph.D. Placeholder filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 169 Declaration of Scott D. Russell in Support of 166 MOTION to Exclude Opinions and Testimony of Stephen W. Schondelmeyer, Pharm. M.D., Ph.D. filed by Lundbeck Inc. (Attachments: # 1 Exhibit(s) 1-7)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 170 Exhibit List Placeholder by Lundbeck Inc. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 171 TRIAL BRIEF by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) DOCUMENTS RECEIVED IN CLERK'S OFFICE on 10/27/2009 (VEM). (Entered: 10/27/2009)

10/27/2009 172 Exhibit List by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Main Document 172 replaced on 10/28/2009) (vem). (Attachment 1 replaced on 10/28/2009) (vem). (Entered: 10/27/2009)

10/27/2009 173 MOTION to Exclude Opinions and Testimony of Dr. Jonathan I. Arnold by Lundbeck Inc. (Gaskins, Steve) (Entered: 10/27/2009)

10/27/2009 174 MEMORANDUM in Support re 160 MOTION in Limine to Admit Two Asset Valuation Reports as Adoptive Party Admissions Under Federal Rule of Evidence 801(d)(2)(B) MOTION in Limine to Admit Two Asset Valuation Reports as Adoptive Party Admissions Under Federal Rule of Evidence 801(d)(2)(B) filed by Federal Trade Commission. (Attachments: # 1 Exhibit(s), # 2 LR7.1 Word Count Compliance Certificate, # 3 Certificate of Service)(Chadwick, Kyle) DOCUMENTS RECEIVED IN CLERK'S OFFICE on 10/27/2009 (VEM). (Entered: 10/27/2009)

10/27/2009 175 NOTICE OF HEARING ON MOTION 173 MOTION to Exclude Opinions



and Testimony of Dr. Jonathan I. Arnold : Motion Hearing set for 11/24/2009 09:30 AM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen. (Gaskins, Steve) (Entered: 10/27/2009)

10/27/2009 176 MEMORANDUM in Support re 162 MOTION in Limine to Exclude Two "Profit and Loss Statements" Prepared Outside the Ordinary Course of Business filed by Federal Trade Commission. (Attachments: # 1 Exhibit(s), # 2 LR7.1 Word Count Compliance Certificate, # 3 Certificate of Service)(Chadwick, Kyle) DOCUMENTS RECEIVED IN CLERK'S OFFICE on 10/27/2009 (VEM). (Entered: 10/27/2009)

10/27/2009 177 MEMORANDUM in Support re 173 MOTION to Exclude Opinions and Testimony of Dr. Jonathan I. Arnold Placeholder filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 178 MEMORANDUM in Support re 164 MOTION in Limine to Exclude Certain Opinion Testimony of Dr. Lance Parton, Lundbeck's Medical Expert filed by Federal Trade Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Exhibit(s), # 3 Certificate of Service)(Chadwick, Kyle) DOCUMENTS RECEIVED IN CLERK'S OFFICE on 10/27/2009 (VEM). (Entered: 10/27/2009)

10/27/2009 179 Declaration of Scott D. Russell in Support of 173 MOTION to Exclude Opinions and Testimony of Dr. Jonathan I. Arnold filed by Lundbeck Inc. (Attachments: # 1 Exhibit(s) 1-17)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (KT) (Entered: 10/27/2009)

10/27/2009 180 Proposed Findings of Fact by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) DOCUMENTS RECEIVED IN CLERK'S OFFICE on 10/27/2009 (VEM). (Entered: 10/27/2009)

10/27/2009 181 ORDER. IT IS ORDERED THAT:1.Plaintiffs motion for leave to file certain pretrial documents under seal [Docket No. 150 in Civil No. 08-6379; Docket No. 131 in Civil No. 08-6381] is GRANTED.2.Plaintiffs supplemental motion for leave to file certain pretrial documents under seal [Docket No. 158 in Civil No. 08-6379] is GRANTED.3.Plaintiffs may file under seal their trial brief; proposed findings of fact and conclusions of law; memorandum of law and exhibits in support of a motion in limine to admit two documents into evidence; memorandum of law and exhibits in support of a motion in limine to exclude two documents from evidence; and motion to exclude certain expert testimony and a memorandum of law and exhibits in support of the motion.4.Within ten days of the date of this Order, the parties shall file redacted versions of all pretrial submissions due on October 27 that the parties filed under seal. With regard to future pretrial submissions, the parties shall contemporaneously file a redacted version of any document filed under seal.. Signed by Judge Joan N. Ericksen on October 27, 2009. (slf) (Entered: 10/27/2009)

10/27/2009 182 TRIAL BRIEF Placeholder by Lundbeck Inc. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN



CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 183 Declaration of Scott D. Russell in Support of 182 Trial Brief filed by Lundbeck Inc. (Attachments: # 1 Exhibit(s) 1-2)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 184 MOTION to Exclude Opinions and Testimony of Jerrfrey S. Gerdes, M.D. by Lundbeck Inc. (Gaskins, Steve) (Entered: 10/27/2009)

10/27/2009 185 NOTICE OF HEARING ON MOTION 184 MOTION to Exclude Opinions and Testimony of Jerrfrey S. Gerdes, M.D. : Motion Hearing set for 11/24/2009 09:30 AM in Judge's Chambers 12W (MPLS) before Judge Joan N. Ericksen. (Gaskins, Steve) (Entered: 10/27/2009)

10/27/2009 186 MEMORANDUM in Support re 184 MOTION to Exclude Opinions and Testimony of Jerrfrey S. Gerdes, M.D. Placeholder filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 187 Declaration of Scott D. Russell in Support of 184 MOTION to Exclude Opinions and Testimony of Jerrfrey S. Gerdes, M.D. filed by Lundbeck Inc. (Attachments: # 1 Placeholder for Exhibits to Russell Declaration)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 188 List of Deposition Testimony Placeholder submitted by Lundbeck Inc. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/28/09. (TK) (Entered: 10/27/2009)

10/27/2009 189 List of Deposition Testimony submitted by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 10/27/2009)

10/28/2009 190 AMENDED NOTICE of ( Settlement Conference set for 11/18/2009 09:30 AM in Courtroom 3B (STP) before Magistrate Judge Jeanne J. Graham.) Signed by Magistrate Judge Jeanne J. Graham on 10/28/09. (RLR) (Entered: 10/28/2009)

10/30/2009 191 LETTER TO MAGISTRATE JUDGE by Federal Trade Commission Concerning Settlement Authority. (Chadwick, Kyle) (Entered: 10/30/2009)

11/02/2009 192 LETTER FROM MAGISTRATE JUDGE Jeanne J. Graham to Counsel. (RLR) (Entered: 11/02/2009)

11/10/2009 193 TRIAL BRIEF Redacted Per FRCP 5.2(d) by Federal Trade Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Chadwick, Kyle) (Entered: 11/10/2009)

11/10/2009 194 Proposed Findings of Fact by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 11/10/2009)



11/10/2009 195 MEMORANDUM in Support re 162 MOTION in Limine to Exclude Two "Profit and Loss Statements" Prepared Outside the Ordinary Course of Business Redacted Per FRCP 5.2(d) filed by Federal Trade Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service, # 3 Exhibit(s) Index, # 4 Exhibit(s) Parhad Dep. REDACTED, # 5 Exhibit(s) McCarthy Dep REDACTED)(Chadwick, Kyle) (Entered: 11/10/2009)

11/10/2009 196 MEMORANDUM in Opposition re 184 MOTION to Exclude Opinions and Testimony of Jerrfrey S. Gerdes, M.D. UNDER SEAL filed by Federal Trade Commission. (Attachments: # 1 Certificate of Service, # 2 LR7.1 Word Count Compliance Certificate)(Chadwick, Kyle) DOCUMENTS RECEIVED DOCUMENTS IN CLERK'S OFFICE on 11/12/2009 (VEM). (Entered: 11/10/2009)

11/10/2009 197 MEMORANDUM in Opposition re 153 MOTION in Limine to Exclude Expert Medical and Pharmacological Opinion Testimony by Lay Witnesses filed by Lundbeck Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) (Entered: 11/10/2009)

11/10/2009 198 Declaration of Ashley M. Bauer in Support of 197 Memorandum in Opposition to Motion, filed by Lundbeck Inc.. (Attachments: # 1 Placeholder for Exhibits 1-4, # 2 Exhibit(s) 5, part 1, # 3 Exhibit(s) 5, part 2)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 11/12/09. (KT) (Entered: 11/10/2009)

11/10/2009 199 MEMORANDUM in Opposition re 166 MOTION to Exclude Opinions and Testimony of Stephen W. Schondelmeyer, Pharm. M.D., Ph.D. UNDER SEAL filed by Federal Trade Commission. (Attachments: # 1 Certificate of Service, # 2 LR7.1 Word Count Compliance Certificate, # 3 Exhibit(s) Index)(Chadwick, Kyle) DOCUMENTS RECEIVED DOCUMENTS IN CLERK'S OFFICE on 11/12/2009 (VEM). (Entered: 11/10/2009)

11/10/2009 200 MEMORANDUM in Opposition re 173 MOTION to Exclude Opinions and Testimony of Dr. Jonathan I. Arnold filed by Federal Trade Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Chadwick, Kyle) (Entered: 11/10/2009)

11/10/2009 201 MEMORANDUM in Opposition re 160 MOTION in Limine to Admit Two Asset Valuation Reports as Adoptive Party Admissions Under Federal Rule of Evidence 801(d)(2)(B) MOTION in Limine to Admit Two Asset Valuation Reports as Adoptive Party Admissions Under Federal Rule of Evidence 801(d)(2)(B) Placeholder for filed by Lundbeck Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 11/12/09. (KT) (Entered: 11/10/2009)

11/10/2009 202 DECLARATION of Ashley M. Bauer in Opposition to 201 Memorandum in Opposition to Motion, filed by Lundbeck Inc.. (Attachments: # 1 Placeholder for Exhibits 1-3)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 11/12/09. (KT) (Entered: 11/10/2009)

11/10/2009 203 MEMORANDUM in Opposition re 164 MOTION in Limine to Exclude



Certain Opinion Testimony of Dr. Lance Parton, Lundbeck's Medical Expert filed by Lundbeck Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) (Entered: 11/10/2009)

11/10/2009 204 DECLARATION of Ashley M. Bauer in Opposition to 203 Memorandum in Opposition to Motion, filed by Lundbeck Inc.. (Attachments: # 1 Placeholder for Exhibits 1 - 4)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 11/12/09. (KT) (Entered: 11/10/2009)

11/10/2009 205 MEMORANDUM in Opposition re 166 MOTION to Exclude Opinions and Testimony of Stephen W. Schondelmeyer, Pharm. M.D., Ph.D. Redacted Per FRCP 5.2(d) filed by Federal Trade Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service, # 3 Exhibit(s) Index, # 4 Exhibit(s) Russell Dep. REDACTED, # 5 Exhibit(s) PX 46 REDACTED, # 6 Exhibit(s) PX 127 REDACTED, # 7 Exhibit(s) PX 140 REDACTED, # 8 Exhibit(s) PX 232 REDACTED, # 9 Exhibit(s) PX 239 REDACTED, # 10 Exhibit(s) PX 300 REDACTED, # 11 Exhibit(s) PX 328 REDACTED, # 12 Exhibit(s) PX 329 REDACTED, # 13 Exhibit(s) PX 332 REDACTED, # 14 Exhibit(s) PX 335 REDACTED, # 15 Exhibit(s) PX 368 REDACTED, # 16 Exhibit(s) PX 369 REDACTED)(Chadwick, Kyle) (Entered: 11/10/2009)

11/10/2009 206 MEMORANDUM in Support re 164 MOTION in Limine to Exclude Certain Opinion Testimony of Dr. Lance Parton, Lundbeck's Medical Expert Redacted Per FRCP 5.2(d) filed by Federal Trade Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service, # 3 Exhibit(s) Index, # 4 Exhibit(s) Parton Rept. REDACTED, # 5 Exhibit(s) Parton Dep. REDACTED, # 6 Exhibit(s) McCarthy Dep. REDACTED, # 7 Exhibit(s) Hay Dep. REDACTED)(Chadwick, Kyle) (Entered: 11/10/2009)

11/10/2009 207 NOTICE by Federal Trade Commission re 170 Exhibit List Potential Objections to Exhibits per FRCP 26(a)(3)(B) (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 11/10/2009)

11/10/2009 208 NOTICE by Federal Trade Commission re 188 List of Deposition Testimony Objections to Designations (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 11/10/2009)

11/10/2009 209 MEMORANDUM in Opposition re 162 MOTION in Limine to Exclude Two "Profit and Loss Statements" Prepared Outside the Ordinary Course of Business Placeholder for filed by Lundbeck Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 11/12/09. (KT) (Entered: 11/10/2009)

11/10/2009 210 Declaration of Ashley M. Bauer in Support of 209 Memorandum in Opposition to Motion, filed by Lundbeck Inc.. (Attachments: # 1 Placeholder for Exhibits 1-12)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 11/12/09. (KT) (Entered: 11/10/2009)

11/10/2009 211 MEMORANDUM in Opposition re 184 MOTION to Exclude Opinions and Testimony of Jerrfrey S. Gerdes, M.D. Redacted Per FRCP 5.2(d) filed by



Federal Trade Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service, # 3 Exhibit(s) Index, # 4 Exhibit(s) Parton Dep. REDACTED, # 5 Exhibit(s) Gerdes Dep. REDACTED, # 6 Exhibit(s) McCarthy Dep. REDACTED, # 7 Exhibit(s) McCarthy Rept. REDACTED)(Chadwick, Kyle) (Entered: 11/10/2009)

11/10/2009 212 List of Deposition Testimony Objections to Plaintiffs' submitted by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 11/10/2009)

11/10/2009 213 Exhibit List Objections to Plaintiffs' by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 11/10/2009)

11/10/2009 214 Proposed Findings of Fact by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) Document sealed at request of counsel. (kt) (Entered: 11/10/2009)

11/10/2009 215 List of Deposition Testimony Redacted submitted by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) Document sealed at request of counsel. (kt) (Entered: 11/10/2009)

11/10/2009 216 MEMORANDUM in Support re 173 MOTION to Exclude Opinions and Testimony of Dr. Jonathan I. Arnold Redacted filed by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) Document sealed at request of counsel. (kt) (Entered: 11/10/2009)

11/10/2009 217 Declaration of Scott D. Russell in Support of 216 Memorandum in Support of Motion filed by Lundbeck Inc.. (Gaskins, Steve) Document sealed at request of counsel. (kt) (Entered: 11/10/2009)

11/10/2009 218 MEMORANDUM in Support re 166 MOTION to Exclude Opinions and Testimony of Stephen W. Schondelmeyer, Pharm. M.D., Ph.D. Redacted filed by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 11/10/2009)

11/10/2009 219 Declaration of Scott D. Russell in Support of 218 Memorandum in Support of Motion filed by Lundbeck Inc.. (Gaskins, Steve) (Entered: 11/10/2009)

11/10/2009 220 MEMORANDUM in Support re 184 MOTION to Exclude Opinions and Testimony of Jerrfrey S. Gerdes, M.D. Redacted filed by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 11/10/2009)

11/10/2009 221 Declaration of Scott D. Russell in Support of 220 Memorandum in Support of Motion filed by Lundbeck Inc.. (Gaskins, Steve) (Entered: 11/10/2009)

11/10/2009 222 Witness List by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 11/10/2009)

11/10/2009 223 Exhibit List Redacted by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 11/10/2009)

11/10/2009 224 TRIAL BRIEF Redacted by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 11/10/2009)



11/10/2009 225 DECLARATION of Scott D. Russell re 224 Trial Brief by Lundbeck Inc.. (Gaskins, Steve) (Entered: 11/10/2009)

11/12/2009 226 Proposed Findings of Fact by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 11/12/2009)

11/12/2009 227 List of Deposition Testimony Redacted submitted by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 11/12/2009)

11/12/2009 228 MEMORANDUM in Support re 173 MOTION to Exclude Opinions and Testimony of Dr. Jonathan I. Arnold Redacted filed by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 11/12/2009)

11/12/2009 229 Declaration of Scott R. Russell in Support of 228 Memorandum in Support of Motion filed by Lundbeck Inc.. (Gaskins, Steve) (Entered: 11/12/2009)

11/16/2009 230 MOTION to Exclude Surprise Witness, Amarylis Gutierrez by Lundbeck Inc. (Gaskins, Steve) (Entered: 11/16/2009)

11/16/2009 231 NOTICE OF HEARING ON MOTION 230 MOTION to Exclude Surprise Witness, Amarylis Gutierrez : Motion Hearing set for 11/24/2009 09:30 AM in Judge's Chambers 12W (MPLS) before Judge Joan N. Ericksen. (Gaskins, Steve) (Entered: 11/16/2009)

11/16/2009 232 MEMORANDUM in Support re 230 MOTION to Exclude Surprise Witness, Amarylis Gutierrez filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) (Entered: 11/16/2009)

11/16/2009 233 Declaration of Scott D. Russell in Support of 232 Memorandum in Support of Motion filed by Lundbeck Inc. (Attachments: # 1 Placeholder for Ex. 1-2)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 11/16/09. (KT) (Entered: 11/16/2009)

11/17/2009 234 REPLY to Response to Motion re 166 MOTION to Exclude Opinions and Testimony of Stephen W. Schondelmeyer, Pharm. M.D., Ph.D. filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) (Entered: 11/17/2009)

11/17/2009 235 Declaration of Scott D. Russell in Support of 234 Reply to Response to Motion, filed by Lundbeck Inc. (Attachments: # 1 Placeholder for Exhibit 1)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 11/17/09. (KT) (Entered: 11/17/2009)

11/17/2009 236 REPLY to Response to Motion re 184 MOTION to Exclude Opinions and Testimony of Jerrfrey S. Gerdes, M.D. filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) (Entered: 11/17/2009)

11/17/2009 237 Declaration of Scott D. Russell in Support of 236 Reply to Response to Motion filed by Lundbeck Inc. (Attachments: # 1 Placeholder for Ex. 1-2, # 2 Exhibit(s) 3-5, # 3 Exhibit(s) 6, # 4 Exhibit(s) 7-9)(Gaskins, Steve) SEALED



DOCUMENT RECEIVED IN CLERK'S OFFICE ON 11/17/09. (KT) (Entered: 11/17/2009)

11/17/2009 238 LETTER TO MAGISTRATE JUDGE by Lundbeck Inc. (Gaskins, Steve) (Entered: 11/17/2009)

11/17/2009 239 NOTICE by Federal Trade Commission of Motion for Subpoena Power to Serve Trial Subpoenas Outside the District of Minnesota. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 11/17/2009)

11/17/2009 240 MOTION For Permission to Serve Two Trial Subpoenas Outside the District of Minnesota re 239 Notice (Other) by Federal Trade Commission. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Chadwick, Kyle) (Entered: 11/17/2009)

11/17/2009 241 MEMORANDUM in Support re 240 MOTION For Permission to Serve Two Trial Subpoenas Outside the District of Minnesota re 239 Notice (Other) filed by Federal Trade Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Chadwick, Kyle) (Entered: 11/17/2009)

11/17/2009 242 REPLY re 203 Memorandum in Opposition to Motion, 204 Declaration in Opposition to Exclude Certain Opinion Testimony of Lundbeck's Medical Expert, Dr. Lance Parton filed by Federal Trade Commission. (Attachments: # 1 Exhibit List, # 2 Exhibit(s), # 3 LR7.1 Word Count Compliance Certificate, # 4 Certificate of Service)(Chadwick, Kyle) (Entered: 11/17/2009)

11/17/2009 243 REPLY to Response to Motion re 173 MOTION to Exclude Opinions and Testimony of Dr. Jonathan I. Arnold filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) (Entered: 11/17/2009)

11/17/2009 244 Declaration of Scott D. Russell in Support of 243 Reply to Response to Motion filed by Lundbeck Inc. (Attachments: # 1 Exhibit(s) 1)(Gaskins, Steve) (Entered: 11/17/2009)

11/17/2009 245 ORDER that Patrick Morris will be allowed to appear by telephone. He must be available at all times to engage in discussion with the undersigned until the Court excuses the parties, and to discuss options with his attorneys. Signed by Magistrate Judge Jeanne J. Graham on 11/17/09. (akl) (Entered: 11/18/2009)

11/18/2009 246 Minute Entry for proceedings held before Magistrate Judge Jeanne J. Graham: Settlement Conference held on 11/18/2009. No Settlement reached. (RLR) (Entered: 11/19/2009)

11/20/2009 247 MEMORANDUM in Opposition re 230 MOTION to Exclude Surprise Witness, Amarylis Gutierrez filed by Federal Trade Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service, # 3 Exhibit(s) Index, # 4 Exhibit(s))(Chadwick, Kyle) (Entered: 11/20/2009)

11/20/2009 248 Declaration of Jon J. Nathan in Support of 247 Memorandum in Opposition to Motion, filed by Federal Trade Commission. (Attachments: # 1 Exhibit(s)



Index, # 2 Errata Unredacted Exhibits -- Redacted versions filed in error)(Chadwick, Kyle) (Entered: 11/20/2009)

11/23/2009 249 LETTER TO DISTRICT JUDGE by Lundbeck Inc. Response to Plaintiffs' Motion to Serve Two Trial Subpoenas Outside of Minnesota. (Gaskins, Steve) (Entered: 11/23/2009)

11/24/2009 251 Minute Entry for proceedings held before Judge Joan N. Ericksen: Final Pretrial Conference held on 11/24/2009. (Court Reporter Maria Weinbeck) (slf) (Entered: 12/01/2009)

11/30/2009 250 NOTICE by Federal Trade Commission Offer of Proof Regarding Testimony of Amarylis Gutierrez, Pharm.D. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 11/30/2009)

12/04/2009 252 NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (mw) (Entered: 12/04/2009)

12/04/2009 253 TRANSCRIPT of Motions Hearing held on 11/24/09 before Judge Joan N. Ericksen. (59 pages). Court Reporter: Maria Weinbeck (E-mail: [email protected]. Telephone: (612) 664-5109). Redaction Request due 12/28/2009. Redacted Transcript Deadline set for 1/4/2010. Release of Transcript Restriction set for 3/4/2010. For information on redaction procedures, please review Local Rule 5.5. (mw) (Entered: 12/04/2009)

12/04/2009 254 NOTICE by Federal Trade Commission re 172 Exhibit List Filing of Amended Exhibit List. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 12/04/2009)

12/04/2009 255 Exhibit List Plaintiffs' Amended Exhibit List by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 12/04/2009)

12/07/2009 260 Minute Entry for proceedings held before Judge Joan N. Ericksen: Bench Trial begun on 12/7/2009. (Court Reporter Maria Weinbeck) (slf) (Entered: 12/10/2009)

12/08/2009 256 MOTION in Limine to Exclude Expert Opinion Testimony by Lay Witness, Dr. Amarylis Gutierrez by Lundbeck Inc. (Gaskins, Steve) (Entered: 12/08/2009)

12/08/2009 257 NOTICE OF HEARING ON MOTION 256 MOTION in Limine to Exclude Expert Opinion Testimony by Lay Witness, Dr. Amarylis Gutierrez : Motion Hearing set for 12/10/2009 09:00 AM in Judge's Chambers 12W (MPLS) before Judge Joan N. Ericksen. (Gaskins, Steve) (Entered: 12/08/2009)

12/08/2009 258 MEMORANDUM in Support re 256 MOTION in Limine to Exclude Expert Opinion Testimony by Lay Witness, Dr. Amarylis Gutierrez filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Gaskins, Steve) (Entered: 12/08/2009)

12/08/2009 259 Declaration of Scott D. Russell in Support of 256 MOTION in Limine to Exclude Expert Opinion Testimony by Lay Witness, Dr. Amarylis Gutierrez



filed by Lundbeck Inc. (Attachments: # 1 Exhibit(s) 1-2, # 2 Exhibit(s) 3-4)(Gaskins, Steve) (Entered: 12/08/2009)

12/08/2009 261 Minute Entry for proceedings held before Judge Joan N. Ericksen: Bench Trial continued on 12/8/2009. (Court Reporter Maria Weinbeck) (slf) (Entered: 12/10/2009)


12/10/2009 262 STIPULATION F.R.C.P.803(6) by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 12/10/2009)


12/10/2009 271 AMENDED Minute Entry adding designated deposition testimony for proceedings held before Judge Joan N. Ericksen: Bench Trial continued on 12/10/2009. (Court Reporter Maria Weinbeck) (slf) (Entered: 12/23/2009)


12/14/2009 264 STIPULATION JOINT STIPULATIONS OF FACT by Federal Trade Commission and Lundbeck Inc. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 12/14/2009)



12/22/2009 269 Exhibit List by Lundbeck Inc. (kt) (Qc'd by akl on 12/23/09) (Entered: 12/22/2009)

12/22/2009 270 Amended Exhibit List by Federal Trade Commission. (kt) (Qc'd by akl on 12/23/09) (Entered: 12/22/2009)

01/12/2010 272 ORDER RE: ruling on objections in designated depositions. Signed by Judge Joan N. Ericksen on January 12, 2010. (slf) (Entered: 01/12/2010)

01/15/2010 273 LETTER TO DISTRICT JUDGE by Lundbeck Inc. Re Exhibit List. (Gaskins, Steve) (Entered: 01/15/2010)

01/29/2010 274 STIPULATION Re Trial Exhibits by Federal Trade Commission, Lundbeck Inc.. (Gaskins, Steve) (Entered: 01/29/2010)

01/29/2010 275 Proposed Findings of Fact by Lundbeck Inc.. (Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 1/29/10. (KT)



(Entered: 01/29/2010)

01/29/2010 276 BRIEF Post Trial. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Gaskins, Steve) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 1/29/10. (KT) (Entered: 01/29/2010)

01/29/2010 277 CERTIFICATE OF SERVICE by Lundbeck Inc. re 275 Proposed Findings of Fact, 276 Brief Post Trial (Gaskins, Steve) (Entered: 01/29/2010)

01/29/2010 278 Proposed Findings of Fact by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 01/29/2010)

01/29/2010 279 TRIAL BRIEF Post-Trial by Federal Trade Commission. (Attachments: # 1 Appendix Draft Order, # 2 Certificate of Service)(Chadwick, Kyle) (Entered: 01/29/2010)

02/03/2010 280 ORDER re 274 Stipulation filed by Lundbeck Inc., Federal Trade Commission re: trial exhibits. Signed by Judge Joan N. Ericksen on February 3, 2010. (slf) (Entered: 02/03/2010)

02/19/2010 281 TRIAL BRIEF Post Trial Brief (Redacted) by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 02/19/2010)

02/19/2010 282 Proposed Findings of Fact by Lundbeck Inc.. (Attachments: # 1 Part II, # 2 Certificate of Service)(Gaskins, Steve) (Entered: 02/19/2010)

02/19/2010 283 RESPONSE re 282 Proposed Findings of Fact filed by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) SEALED DOCUMENTS RECEIVED IN CLERKS OFFICE on 2/19/2010 (lph). (Entered: 02/19/2010)

02/19/2010 284 TRIAL BRIEF Post-Trial Response by Federal Trade Commission. (Attachments: # 1 Certificate of Service, # 2 Errata CORRECTED Draft Order)(Chadwick, Kyle) (Entered: 02/19/2010)

02/19/2010 285 MOTION To Supplement the Record by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 02/19/2010)

02/19/2010 286 NOTICE OF HEARING ON MOTION 285 MOTION To Supplement the Record : Motion Hearing set for 3/11/2010 09:30 AM in Judge's Chambers 12W (MPLS) before Judge Joan N. Ericksen. (Gaskins, Steve) (Entered: 02/19/2010)

02/19/2010 287 MEMORANDUM in Support re 285 MOTION To Supplement the Record filed by Lundbeck Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Gaskins, Steve) (Entered: 02/19/2010)

02/19/2010 288 Declaration of Ashley M. Bauer in Support of 285 MOTION To Supplement the Record filed by Lundbeck Inc.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7)(Gaskins, Steve) (Entered: 02/19/2010)

02/19/2010 289 OBJECTION re 278 Proposed Findings of Fact filed by Lundbeck Inc. (Attachments: # 1 Appendix 1, # 2 Certificate of Service)(Gaskins, Steve) Modified text on 2/22/2010 (akl). (Entered: 02/19/2010)



02/19/2010 290 REPLY re 279 Trial Brief to Plaintiffs' Post Trial Brief filed by Lundbeck Inc.. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 02/19/2010)

03/04/2010 291 MEMORANDUM in Opposition re 285 MOTION To Supplement the Record filed by Federal Trade Commission. (Attachments: # 1 Certificate of Service, # 2 LR7.1 Word Count Compliance Certificate)(Chadwick, Kyle) (Entered: 03/04/2010)

03/08/2010 292 ORDER granting in part and denying in part 285 Motion to Supplement. Signed by Judge Joan N. Ericksen on March 8, 2010. (slf) (Entered: 03/08/2010)

03/10/2010 293 STIPULATION Joint Stipulations of Fact Regarding Bedford Laboratories' Launch of Generic Indomethacin by Federal Trade Commission, Lundbeck Inc. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 03/10/2010)

03/11/2010 294 ORDER re 293 Stipulation filed by Lundbeck Inc., Federal Trade Commission. Signed by Judge Joan N. Ericksen on March 11, 2010. (slf) (Entered: 03/11/2010)

03/11/2010 295 Minute Entry for proceedings held before Judge Joan N. Ericksen: Bench Trial completed on 3/11/2010. (Court Reporter Maria Weinbeck) (slf) (Entered: 03/11/2010)

03/12/2010 296 RESPONSE re 282 Proposed Findings of Fact and Conclusions of Law filed by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) (Entered: 03/12/2010)

03/26/2010 297 MOTION To Supplement the Record by Lundbeck Inc. (Attachments: # 1 Certificate of Service)(Gaskins, Steve) (Entered: 03/26/2010)

03/26/2010 298 NOTICE OF HEARING ON MOTION, re: Motion 297 to Supplement the Record. (Date and time to be determined) (Gaskins, Steve) Added link and text on 3/29/2010 (RLR). (Entered: 03/26/2010)

03/26/2010 299 MEMORANDUM in Support re 297 MOTION To Supplement the Record filed by Lundbeck Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Gaskins, Steve) (Entered: 03/26/2010)

03/26/2010 300 Declaration of Ashley M. Bauer in Support of 297 MOTION To Supplement the Record filed by Lundbeck Inc. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3)(Gaskins, Steve) (Entered: 03/26/2010)

04/08/2010 301 MEMORANDUM in Opposition re 297 MOTION To Supplement the Record filed by Federal Trade Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Chadwick, Kyle) (Entered: 04/08/2010)

04/15/2010 302 ORDER granting 297 Motion. IT IS ORDERED THAT:1.Lundbecks Motion to Supplement [Docket No. 297 in Civil No. 08-6379; Docket No. 286 in Civil No. 08-6381] is GRANTED.2.Judicial notice is taken of the fact that on March 17, 2010, the Food and Drug Administration approved APP



Pharmaceuticals Indomethacin for Injection, which is indicated to close a hemodynamically significant patent ductus arteriosus in premature infants weighing between 500 and 1750 grams. Signed by Judge Joan N. Ericksen on April 15, 2010. (slf) (Entered: 04/15/2010)

07/02/2010 303 NOTICE to Withdraw as Attorney (Kyle Chadwick) by Federal Trade Commission. (Attachments: # 1 Certificate of Service)(Chadwick, Kyle) Modified text on 7/6/2010 (RLR). (Entered: 07/02/2010)

08/31/2010 304 SEALED ORDER. Signed by Judge Joan N. Ericksen on 08/31/2010. Associated Cases: 0:08-cv-06379-JNE-JJG, 0:08-cv-06381-JNE-JJG(TSS) (Entered: 08/31/2010)

08/31/2010 305 SEALED JUDGMENT. (TSS) (Entered: 08/31/2010)



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