JOINT MOTION REGARDING DEADLINE TO SEEK ATTORNEY FEES AND COSTS

(Second Request for Extension)

NANCY J. KOPPE, Magistrate Judge.

The deadlines for Sandoz Inc. ("Sandoz") to seek taxation of costs or petition for attorney fees were previously stayed by the Court until after resolution of the appeal by Spectrum Pharmaceuticals, Inc. and the University of Strathclyde (collectively, "Spectrum"). (Doc. No. 391.) Spectrum's appeal has now been resolved, and Sandoz and Spectrum respectfully request that the court reset these deadlines for March 31, 2016. The relief requested by this motion will serve the interest of judicial efficiency and will allow the parties time to negotiate an agreement on the amounts.

MEMORANDUM IN SUPPORT OF MOTION

On March 5, 2015, Spectrum filed an Unopposed Motion to Stay Costs and Petition for Attorney Fees. (Doc. No. 390.) Spectrum's Unopposed Motion requested that the Court either (1) stay taxation of costs and any petition for attorney fees until after resolution of the appeal of the Court's judgment or (2) grant a three week extension of time for Sandoz to seeks costs and fees. The Court granted Spectrum's Unopposed Motion, holding that "[t]he deadline for submission of costs or petition for attorney fees shall be stayed until after resolution of the appeal." (Doc. No. 391.)

On October 2, 2015, a panel of the Federal Circuit affirmed this Court's judgment. Spectrum timely petitioned for rehearing en banc. On February 12, 2016, the Federal Circuit denied Spectrum's petition, and set its mandate to issue February 19, 2016. On February 25, 2016, this Court signed an order spreading the Federal Circuit's mandate. (Doc. No. 396.) The parties agree that the Court order spreading the appellate mandate effectively resolved Spectrum's appeal. Accordingly, the parties believe that the stay of the deadline for submission of costs or petition for attorney fees should expire.

The parties have engaged in discussions directed to resolving the issues of costs and attorney fees without judicial intervention. The parties are hopeful that they can resolve these issues without Sandoz seeking taxation of costs or moving for attorney fees. Accordingly, the parties respectfully request an extension of the 14 day period that would ordinarily apply to these filings under the Federal Rules of Civil Procedure and the Local Rules, so that the parties may continue discussions.

The parties request that the Court set a March 31, 2016, deadline for Sandoz to file a bill for taxation of costs and/or file a motion claiming attorney fees.