IN RE CYCLOBENZAPRINE HYDROCHLORIDE, 2011-1399 (Fed. Cir. 6-27-2011)
IN RE CYCLOBENZAPRINE HYDROCHLORIDE EXTENDED-RELEASE CAPSULE PATENTLITIGATION EURAND, INC., CEPHALON, INC., AND ANESTA AG, Plaintiffs-CrossAppellants, v. MYLAN PHARMACEUTICALS ING. AND MYLAN INC.,Defendants-Appellants, AND BARR LABORATORIES, INC., TEVA PHARMACEUTICALSUSA, INC., AND TEVA PHARMACEUTICAL INDUSTRIES LTD., Defendants-AppelleesPage 2IN RE CYCLOBENZAPRINE HYDROCHLORIDE EXTENDED-RELEASECAPSULE PATENT LITIGATION EURAND, INC., CEPHALON, INC.,ANDANESTAAG, Plaintiffs-Appellants, v. ANCHEN PHARMACEUTICALS,INC. AND ANCHEN, INC., Defendants-Appellees.
Nos. 2011-1399, -1409, 2011-1408, -1410, -1411, -1412.United States Court of Appeals, Federal Circuit.
June 27, 2011.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Appeals from the United States District Court for the District of Delaware in case no. 09-MD-2118, Judge Sue L. Robinson.
ON MOTION ORDER
Eurand, Inc. et al. (Eurand) move to deconsolidate 2011-1408, -1410, -1411, and -1412 from the expedited appeals, 2011-1399, -1409. Mylan Pharmaceutical Inc. et al. move for clarification of the briefing schedule. Eurand oppose.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion to deconsolidate is granted. The revised official captions are reflected above.Page 3
(2) The motion for clarification is granted to the following extent. The expedited briefing schedule in 2011-1399, -1409 is clarified to include the cross-appeal. The parties must use hand delivery or overnight delivery for service of all briefs. The appellants' response/reply brief is due no later than June 30, 2011.[fn1] If Barr Laboratories and Teva Pharmaceuticals USA Inc. et al. are participating in 2011-1399, -1409, their appellees' brief is due no later than June 30, 2011.[fn2] The cross-appellants' reply brief is due within 3 days of service of the appellants' response/reply brief. The joint appendix is due within 1 day of service of the cross-appellants' reply brief. Appeals 2011-1399, -1409 will be placed on the next available calendar after briefing is completed in those cases.
(3) Briefing in 2011-1408 et al. should be calculated from the date of docketing of 2011-1408.
[fn1] The cross-appellants' recently received opening brief is deemed submitted for only 2011-1399, -1409.
[fn2] It is unclear from the various papers submitted by the parties whether Barr is involved in 2011-1399, -1409 or in 2011-1408 et al. Because Barr appears to be aligned with Mylan in the district court's judgment of invalidity, the court assumes that Barr is participating as an appellee in 2011-1399, -1409. The court further assumes that Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd. are aligned with Barr in 2011-1399, -1409. However, the district court's judgment does not clearly mention Teva by name. If the court's assumptions are incorrect, the parties should promptly inform the court.Page 4
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