JOINT MOTION TO STAY ACTION

GEORGE FOLEY, Jr., Magistrate Judge.

Plaintiffs Spectrum Pharmaceuticals, Inc., and University of Strathclyde (collectively, "Plaintiffs") and Defendant Amneal Pharmaceuticals LLC ("Amneal") jointly move for an Order staying the above-captioned action pending resolution of Spectrum Pharmaceuticals, Inc., v. Sandoz, Inc., Case No. 2:12-cv-00111 ("Sandoz Action"), which is currently on appeal to the U.S. Court of Appeals for the Federal Circuit, in accordance with terms and conditions agreed to by Plaintiffs and Amneal.

In support of this motion, Plaintiffs and Amneal state as follows:

1. Plaintiffs brought this action alleging infringement of U.S. Patent No. 6,500,829 (the "'829 patent") based on the submission by Amneal of an Abbreviated New Drug Application ("ANDA") seeking approval to market a generic version of Fusilev®, a drug product that is the subject of New Drug Application No. 20-140.

2. Pursuant to an agreement reached between Plaintiffs and Amneal, Plaintiffs and Amneal have agreed: (a) to file this joint motion to stay; and (b) upon resolution of the appeal in the Sandoz Action and entry by the Court in the Sandoz Action of final judgment that is not appealable or appealed, to file a joint motion requesting that the Court lift the stay for purposes of entering a judgment or order in this case in accordance with the terms of said final judgment.

3. For purposes of this case only, Amneal consents to be subject to personal jurisdiction in this Court, waives any challenge that venue in this Court is proper under 28 U.S.C. §§ 1391 and 1400, and agrees not to file a motion to transfer under 28 U.S.C. § 1404(a).

4. Accordingly, Plaintiffs and Amneal jointly request that the Court stay this case pending resolution of the Sandoz Action.

5. A proposed Order is attached.

[PROPOSED] ORDER STAYING ACTION

WHEREAS, on September 3, 2015, Plaintiffs Spectrum Pharmaceuticals, Inc., and University of Strathclyde brought this action against Amneal Pharmaceuticals, Inc., alleging infringement of U.S. Patent No. 6,500,829 (the "'829 patent") under 35 U.S.C. § 271(a), (b), (c), and (e)(2)(A).

WHEREAS, Plaintiffs and Amneal have jointly moved to stay the action pending resolution of Spectrum Pharmaceuticals, Inc., v. Sandoz, Inc., Case No. 2:12-cv-00111 ("Sandoz Action"), which is currently on appeal to the U.S. Court of Appeals for the Federal Circuit, in accordance with terms and conditions agreed to by Plaintiffs and Amneal.

NOW, THEREFORE, IT IS HEREBY ORDERED:

All claims, counterclaims, and defenses as between Plaintiffs and Amneal are hereby stayed in their entirety pending submission of a joint motion by Plaintiffs and Amneal requesting that the stay be lifted for purposes of entering judgment with respect to one or more of said claims, counterclaims, and/or defenses on terms and conditions agreed to between Plaintiffs and Amneal.