The Local Patent Rules regarding infringement contentions do not apply to this Hatch-Waxman case.

Kowa Company Ltd. v. Aurobindo Pharma Ltd., et al.

Case Number: 1:14-cv-02497-PAC

Defendant Mylan asked the court to apply the Local Patent Rules to the case, specifically requiring plaintiff to serve its disclosure of asserted claims and preliminary infringement contentions no more than 60 days after the initial scheduling conference (or, by December 5, 2014). Judge Crotty refused the request, stating “Under Local Patent Rule 1, the Court ‘may modify the obligations or deadlines set forth in these Local Patent Rules based on the circumstances of any particular case . . .’ [13-misc-00119.] In light of the processes of the Hatch-Waxman act, Local Patent Rule 6 does not apply. Local civil Rule 33.3c is applicable.

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