Amgen Inc. v. Amneal Pharmaceuticals et al

Filing 709

MEMORANDUM AND ORDER: Amgen's Motion to Exclude Piramal and Slate Run's Reliance on Opinion of Counsel Theory (D.I. 646 ) is DENIED as moot. Signed by Judge Mitchell S. Goldberg on 10/5/2021. (myr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AMGEN INC.,
Plaintiff,
v.
AMNEAL PHARMACEUTICALS LLC,
et al.,
Defendants.

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Civ. No. 16-853-MSG
CONSOLIDATED

MEMORANDUM ORDER
On March 24 and 25, 2021, I held a two-day bench trial to determine the amount of
damages, if any, Defendant Piramal Healthcare UK Ltd. (“Piramal”) and Intervenor Slate Run
Pharmaceuticals, LLC (“Slate Run”) should be awarded for wrongful injunction.
Currently pending before the Court is Plaintiff Amgen Inc’s Motion to Exclude Piramal
and Slate Run’s Reliance on Opinion of Counsel Theory. (D.I. 646).
Piramal and Slate Run, however, did not present this theory at trial or rely on it in their
post-trial briefs. (See D.I. 663, D.I. 665, D.I. 666, D.I. 667, D.I. 668). In addition, I did not rely
on an opinion of counsel theory in rendering my trial opinion. (See D.I. 707).
NOW, at Wilmington this 5th day of October, 2021, it is HEREBY ORDERED that
Amgen’s Motion to Exclude Piramal and Slate Run’s Reliance on Opinion of Counsel Theory
(D.I. 646) is DENIED as moot.
BY THE COURT:

/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.