Ixchel Pharma, LLC. v. Biogen Inc.

Filing 50

STIPULATION AND FINAL JUDGMENT signed by Senior Judge William B. Shubb on 2/9/18 dated *2/12/18* in favor of Biogen Inc. against Ixchel Pharma, LLC.(Mena-Sanchez, L)

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Christopher D. Banys (CSB #230038)
Richard C. Lin (CSB #209233)
Jennifer L. Gilbert (CSB #255820)
BANYS, P.C.
1030 Duane Avenue
Santa Clara, CA 95054
[e-mail]
[e-mail]
[e-mail]
[phone]

Mark S. Popofsky (CSB #175476)
ROPES & GRAY LLP
2099 Pennsylvania Avenue, NW
Washington, DC 20006-6807
[e-mail]
[phone]
Rocky C. Tsai (CSB #221452)
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
[e-mail]
[phone]

Attorneys for Plaintiff,
IXCHEL PHARMA, LLC

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Attorneys for Defendant,
BIOGEN INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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Case No. 2:17-cv-00715-WBS-EFB

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STIPULATION AND ORDER RE
ENTRY OF FINAL JUDGMENT

IXCHEL PHARMA, LLC,
Plaintiff,

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v.
BIOGEN INC.,
Defendant.

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STIPULATION
Plaintiff Ixchel Pharma, LLC (“Ixchel”) and Defendant Biogen Inc. (“Biogen”), through
their undersigned counsel, hereby respectfully stipulate and agree that:
WHEREAS, on January 25, 2018, the Court issued its Order granting Biogen’s motion to
dismiss as to all claims in the Second Amended Complaint (Dkt. No. 48) (“Dismissal Order”);

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STIP. RE ENTRY OF JUDGMENT

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CASE NO. 2:17-cv-00715-WBS-EFB

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WHEREAS, in its Dismissal Order, the Court held that any further amendment as to

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Ixchel’s first, second, third, and fourth claims would be futile, but granted Ixchel an opportunity

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to file a Third Amended Complaint to amend its fifth claim against Biogen under California

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Unfair Competition Law if it could do so consistent with the Dismissal Order;

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WHEREAS, Ixchel will not be filing a Third Amended Complaint, but Ixchel intends to
pursue an appeal of the Dismissal Order;
WHEREAS, in light of the above, Ixchel and Biogen agree that final judgment should be

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entered against Ixchel and in favor of Biogen as to all claims in the Second Amended

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Complaint, with Ixchel reserving its right to appeal.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:

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1. The Court enter a final judgment against Ixchel and in favor of Biogen as to all

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claims asserted by Ixchel in the Second Amended Complaint.
2. For avoidance of doubt, Ixchel agrees to entry of final judgment because of the
adverse rulings of the Court, and it expressly reserves its right to appeal the final judgment and
all the orders and decisions in this case that are appealable.
3. The initial scheduling conference on February 26, 2018, and the deadline for the
parties to file an amended joint status report on February 12, 2018, are hereby vacated and taken
off calendar.

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STIP. RE ENTRY OF JUDGMENT

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CASE NO. 2:17-cv-00715-WBS-EFB

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SO STIPULATED AND AGREED TO BY:

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Dated: February 7, 2018

/s/ Christopher D. Banys________

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Christopher D. Banys (CSB #230038)
Richard C. Lin (CSB #209233)
Jennifer L. Gilbert (CSB #255820)
BANYS, P.C.
1032 Elwell Court, Suite 100
Palo Alto, CA 94303
[e-mail]
[e-mail]
[e-mail]
[phone]

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Attorneys for Plaintiff,
IXCHEL PHARMA, LLC

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Dated: February 7, 2018

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/s/ Rocky C. Tsai______________
Rocky C. Tsai (CSB #221452)
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
[e-mail]
[phone]

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Mark S. Popofsky (CSB #175476)
ROPES & GRAY LLP
2099 Pennsylvania Avenue, NW
Washington, DC 20006-6807
[e-mail]
[phone]

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Attorneys for Defendant,
BIOGEN INC.

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STIP. RE ENTRY OF JUDGMENT

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CASE NO. 2:17-cv-00715-WBS-EFB

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ORDER RE ENTRY OF FINAL JUDGMENT
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: February 9, 2018

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STIP. RE ENTRY OF JUDGMENT

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CASE NO. 2:17-cv-00715-WBS-EFB

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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was filed electronically through

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the Court’s CM/ECF system on February 7, 2018 in compliance with L.R. 133. Therefore, this

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document was served on the following counsel for Defendant who are deemed to have

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consented to electronic service:

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Mark S. Popofsky
ROPES & GRAY LLP
2099 Pennsylvania Avenue, NW
Washington, DC 20006-6807
[e-mail]
[phone]

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Rocky C. Tsai
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
[e-mail]
[phone]

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/s/ Tiffany Dang
Tiffany Dang

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STIP. RE ENTRY OF JUDGMENT

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CASE NO. 2:17-cv-00715-WBS-EFB