Filed: May 08, 2019
Latest Update: May 08, 2019
Summary: STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE FOR AMGEN'S MOTION TO DISMISS RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Sandoz Inc. ("Sandoz") and Defendants Amgen Inc. and Amgen Manufacturing, Limited (collectively, "Amgen"), through their undersigned counsel, hereby stipulate as follows: WHEREAS, Amgen filed a Motion to Dismiss (ECF No. 22) on April 24, 2019; WHEREAS, under the existing briefing schedule, Sandoz's opposition to the motion
Summary: STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE FOR AMGEN'S MOTION TO DISMISS RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Sandoz Inc. ("Sandoz") and Defendants Amgen Inc. and Amgen Manufacturing, Limited (collectively, "Amgen"), through their undersigned counsel, hereby stipulate as follows: WHEREAS, Amgen filed a Motion to Dismiss (ECF No. 22) on April 24, 2019; WHEREAS, under the existing briefing schedule, Sandoz's opposition to the motion ..
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STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE FOR AMGEN'S MOTION TO DISMISS
RICHARD SEEBORG, District Judge.
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Sandoz Inc. ("Sandoz") and Defendants Amgen Inc. and Amgen Manufacturing, Limited (collectively, "Amgen"), through their undersigned counsel, hereby stipulate as follows:
WHEREAS, Amgen filed a Motion to Dismiss (ECF No. 22) on April 24, 2019;
WHEREAS, under the existing briefing schedule, Sandoz's opposition to the motion to dismiss is due today, May 8, 2019, and Amgen's reply is due May 15, 2019;
WHEREAS, today the Court of Appeals for the Federal Circuit issued its opinion in the appeal from the related cases Amgen Inc. v. Sandoz Inc., Case No. 3:14-cv-04741-RS, and Amgen Inc. v. Sandoz Inc., Case No. 3:16-cv-02581-RS;
WHEREAS, a short extension of the briefing schedule on the motion to dismiss would allow the parties to consider and account for the Federal Circuit opinion before submitting their opposition and reply briefs;
WHEREAS, the parties believe the proposed extension is sufficiently short that it would still provide the Court with sufficient time between the completion of briefing and the hearing on the motion to dismiss;
NOW, THEREFORE, the parties hereby jointly request that the Court extend the time for Sandoz to file its opposition to May 13, 2019 and for Amgen to file its reply to May 20, 2019.
Dated: May 8, 2019. MORRISON & FOERSTER LLP
By: /s/Erik J. Olson
Erik J. Olson
Attorneys for Plaintiff
SANDOZ INC.
Dated: May 8, 2019. PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
By: /s/Nicholas Groombridge
Nicholas Groombridge
Attorneys for Defendants
AMGEN INC. and AMGEN
MANUFACTURING, LIMITED
SIGNATURE ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that concurrence in the filing of this document has been obtained from each of the other Signatories shown above. Dated: May 8, 2019.
Dated: May 8, 2019 By: /s/Erik J. Olson
Erik J. Olson
PURSUANT TO STIPULATION, IT IS SO ORDERED.