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APOTEX, INC. v. DAIICHI SANKYO, INC., 12-CV-09295 (2016)

Court: District Court, N.D. Illinois Number: infdco20160212899 Visitors: 4
Filed: Feb. 11, 2016
Latest Update: Feb. 11, 2016
Summary: APOTEX'S MOTION FOR IMMEDIATE ENTRY OF A FINAL JUDGMENT SHARON JOHNSON COLEMAN , District Judge . On January 8, 2016, counsel of record in both the above-captioned cases were sent a document captioned Notification Of Docket Entry. ECF No. 65 in Case No. 15-cv-3695 ("Apotex II"); ECF No. 134 in Case No. 12-cv-9295 ("Apotex I"). This document stated that "Apotex's motions for summary judgment in Apotex I [103] and Apotex II [38] are granted." Id. It also stated, "All pending motions are st
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APOTEX'S MOTION FOR IMMEDIATE ENTRY OF A FINAL JUDGMENT

On January 8, 2016, counsel of record in both the above-captioned cases were sent a document captioned Notification Of Docket Entry. ECF No. 65 in Case No. 15-cv-3695 ("Apotex II"); ECF No. 134 in Case No. 12-cv-9295 ("Apotex I"). This document stated that "Apotex's motions for summary judgment in Apotex I [103] and Apotex II [38] are granted." Id. It also stated, "All pending motions are stricken as moot." Id. It further stated, "Civil case terminated." Id. (emphasis added).

Intervenor-Defendant Mylan questions whether this is a final judgment that triggers its time to appeal. See ECF No. 70 in Apotex II; ECF No. 141 in Apotex I.

For the reasons explained in Apotex's brief accompanying this motion, Apotex believes that final judgment was entered on January 8. Out of an abundance of caution, however, Apotex respectfully requests entry of the proposed forms of judgment that accompany this motion.

Time is of the essence. As explained in Apotex's accompanying brief, these cases, including any appeals (however unwarranted) need to be disposed of before August 11 of this year.

Source:  Leagle

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