Filed: May 27, 2016
Latest Update: May 27, 2016
Summary: STIPULATED REQUEST TO RELATE CASES, AND [PROPOSED] ORDER RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rules 3-12 and 7-11 and Patent Local Rule 2-1, Plaintiffs Amgen Inc. and Amgen Manufacturing Limited ("Amgen") and Defendants Sandoz Inc., Sandoz International GmbH, and Sandoz GmbH ("Sandoz") hereby stipulate and request that the Court relate the newly filed action, Amgen Inc. v. Sandoz Inc., Case No. 3:16-cv-02581 ("the-02581 case"), to the present case. Amgen filed
Summary: STIPULATED REQUEST TO RELATE CASES, AND [PROPOSED] ORDER RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rules 3-12 and 7-11 and Patent Local Rule 2-1, Plaintiffs Amgen Inc. and Amgen Manufacturing Limited ("Amgen") and Defendants Sandoz Inc., Sandoz International GmbH, and Sandoz GmbH ("Sandoz") hereby stipulate and request that the Court relate the newly filed action, Amgen Inc. v. Sandoz Inc., Case No. 3:16-cv-02581 ("the-02581 case"), to the present case. Amgen filed ..
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STIPULATED REQUEST TO RELATE CASES, AND [PROPOSED] ORDER
RICHARD SEEBORG, District Judge.
Pursuant to Civil Local Rules 3-12 and 7-11 and Patent Local Rule 2-1, Plaintiffs Amgen Inc. and Amgen Manufacturing Limited ("Amgen") and Defendants Sandoz Inc., Sandoz International GmbH, and Sandoz GmbH ("Sandoz") hereby stipulate and request that the Court relate the newly filed action, Amgen Inc. v. Sandoz Inc., Case No. 3:16-cv-02581 ("the-02581 case"), to the present case.
Amgen filed this case on October 24, 2014 against Sandoz Inc., Sandoz International GmbH, and Sandoz GmbH. The case involves U.S. Patent Nos. 8,940,878 and 6,162,427. The accused product is Sandoz's biosimilar version of NEUPOGEN® (filgrastim). Amgen filed the -02581 case on May 12, 2016 against Sandoz Inc., Sandoz International GmbH, Sandoz GmbH, and Lek Pharmaceuticals d.d. The -02581 case involves U.S. Patent Nos. 8,940,878 and 5,824,784. The accused product there is Sandoz's proposed biosimilar version of NEULASTA® (pegfilgrastim).
Civil Local Rule 3-12 defines a related case as follows:
An action is related to another when: (1) The actions concern substantially the same parties, property, transaction or event; and (2) It appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different Judges.
Patent Local Rule 2-1(a)(1) states:
When actions concerning the same patent are filed within two years of each other by the same plaintiff, they will be deemed related.
Here, the two actions are related in view of the following:
• The cases concern substantially the same parties, even though the -02581 case is asserted against an additional defendant, Lek Pharmaceuticals d.d.
• Both cases involve U.S. Patent No. 8,940,878, and thus concern the same asserted patent filed within two years of each other by the same plaintiff.
Accordingly, relating the cases will avoid duplication of labor and expense or conflicting results.
ECF ATTESTATION
I, Vernon M. Winters, am the ECF User whose ID and Password are being used to file this document. I attest that concurrence in the filing of this document has been obtained from the above signatories.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
