UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
March 24, 2010
IN RE K-DUR ANTITRUST LITIGATION
The opinion of the court was delivered by: Greenaway, Jr., U.S.C.J.*fn1
This Document Relates To: All Direct Purchaser Actions
MDL Docket No. 1419
On February 6, 2009, Special Master Stephen M. Orlofsky submitted a report and recommendation ("R&R") (Docket No. 733), pursuant to this Court's appointment order (Docket No. 316) and Federal Rule of Civil Procedure 53. In the R&R, Special Master Orlofsky concluded that: (1) the Motion for Summary Judgment as to All Claims Brought by Direct Purchaser Plaintiffs ("DP Plaintiffs") Related to the Upsher Settlement, filed by defendants Schering Plough Corporation ("Schering") and Upsher-Smith Laboratories, Inc. ("Upsher") (collectively, "Defendants"), should be granted; (2) Defendants' Motion for Summary Judgment as to All Claims Brought by DP Plaintiffs Related to the ESI Settlement should be granted; (3) DP Plaintiffs' Motion for Partial Summary Judgment as to the Applicable Framework for Analysis of Exclusion Payments should be denied; and (4) DP Plaintiffs' Motion for Partial Summary Judgment as to the Exclusionary Scope of the '743 Patent should be denied.
Pursuant to Federal Rule of Civil Procedure 53(f), DP Plaintiffs filed objections to the R&R. (Docket No. 739.) As required by Rule 53(f), this Court has reviewed de novo the R&R and the submissions of all parties. Based on thatreview,
IT IS, on this 24th day of March, 2010,
ORDERED that Special Master Orlofsky's R&R (Docket No. 733) is adopted as the Opinion of this Court; and it is further
ORDERED that a copy of this Order be served on all parties within seven (7) days of the date of entry of this Order.
JOSEPH A. GREEN AWAY, JR., U.S.C.J. (Sitting by designation on the District Court)