APOTEX INC. v. DAIICHI SANKYO, INC., 12-CV-9295 (2016)
Court: District Court, N.D. Illinois
Number: infdco20160226c00
Visitors: 13
Filed: Feb. 25, 2016
Latest Update: Feb. 25, 2016
Summary: DEFENDANTS' MOTION TO ENTER JUDGMENT PURSUANT TO FED. R. CIV. P. 58 SHARON JOHNSON COLEMAN , District Judge . On February 18, 2016, the Court held a hearing on Plaintiff Apotex's motion for judgment (ECF No. 143). As noted at that hearing, Mylan and Daiichi Sankyo object to the forms of judgment proposed by Apotex in that motion (ECF No. 144, Exh. A). Mylan and Daiichi Sankyo have conferred with Apotex regarding a proposed final judgment, but have been unable to reach agreement with Apotex.
Summary: DEFENDANTS' MOTION TO ENTER JUDGMENT PURSUANT TO FED. R. CIV. P. 58 SHARON JOHNSON COLEMAN , District Judge . On February 18, 2016, the Court held a hearing on Plaintiff Apotex's motion for judgment (ECF No. 143). As noted at that hearing, Mylan and Daiichi Sankyo object to the forms of judgment proposed by Apotex in that motion (ECF No. 144, Exh. A). Mylan and Daiichi Sankyo have conferred with Apotex regarding a proposed final judgment, but have been unable to reach agreement with Apotex. ..
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DEFENDANTS' MOTION TO ENTER JUDGMENT PURSUANT TO FED. R. CIV. P. 58
SHARON JOHNSON COLEMAN, District Judge.
On February 18, 2016, the Court held a hearing on Plaintiff Apotex's motion for judgment (ECF No. 143). As noted at that hearing, Mylan and Daiichi Sankyo object to the forms of judgment proposed by Apotex in that motion (ECF No. 144, Exh. A). Mylan and Daiichi Sankyo have conferred with Apotex regarding a proposed final judgment, but have been unable to reach agreement with Apotex. Attached hereto as Exhibit A is Mylan and Daiichi Sankyo's current proposed final judgment. Mylan and Daiichi Sankyo will endeavor to confer further with Apotex and, if an agreement can be reached, will submit an agreed-upon form of judgment as soon as possible.
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
APOTEX INC.,
No. 12-CV-9295
Plaintiff,
Hon. Sharon Johnson Coleman
v.
DAIICHI SANKYO, INC. and DAIICHI
SANKYO CO., LTD.,
Defendants,
MYLAN PHARMACEUTICALS INC.,
Intervenor-Defendant.
[PROPOSED] FINAL JUDGMENT IN A CIVIL CASE
The Court having granted Plaintiff's Motion for Summary Judgment that all claims of U.S. Patent No. 6,878,703 ("the '703 patent") have been disclaimed, ECF No. 135, the Court hereby ORDERS, ADJUDGES, AND DECREES that Final Judgment be and is hereby entered as follows:
1. The manufacture, marketing, use, offer for sale, sale and/or importation of the products that are the subject of Apotex Inc.'s ANDA 204261 have not infringed, do not infringe, and would not, if marketed, infringe any claims of the '703 patent, as the '703 patent has been disclaimed;
2. All other relief prayed for in the amended complaint, ECF No. 10, is denied;
3. Mylan Pharmaceuticals Inc.'s motion to dismiss for lack of jurisdiction, ECF No. 111, is stricken as moot;
4. Mylan Pharmaceuticals Inc.'s motion to enter a briefing schedule to address issues remaining in this litigation, ECF No. 139, is stricken as moot in view of this Court's entry of this final judgment. Mylan's motion in the alternative to alter or amend any existing judgment pursuant to Fed. R. Civ. P. 59(e), ECF No. 139, is therefore stricken as unnecessary and moot; and
5. Apotex Inc.'s motion for immediate entry of a final judgment, ECF No. 143, is stricken as moot in view of this Court's entry of this final judgment.
Date_____________________ By_______________________________
United States District Judge
Sharon Johnson Coleman
Date_____________________ _________________________________
Clerk of Court
Source: Leagle
