BASF AGRO B.V. et al v. CIPLA Limited et al

Filing 175

ORDER re 149 SEALED MOTION filed by Velcera, Inc., FidoPharm, Inc., 171 MOTION Intervenors Velcera, inc. and Fidopharm, Inc.'s Motion to Treat Pending Motion for Clarification of the June 21, 2011 Permanent Injunction as an Emergency Motion re 148 MOTION Clarification of June 21, 2011 Permanent Injunction re 147 MOTION Intervenors Velcera, inc. and Fidopharm, Inc.'s Motion to Treat Pending Motion for Clarification of the June 21, 2011 Permanent Injunction as an Emergency Motion re 170 MOTION for Leave to File Memorandum in Support of Motion to Treat Pending Motion for Clarification of the June 21, 2011 Permanent Injunction as an Emergency Motion and Steadman Declaration Under Seal filed by Velcera, Inc., FidoPharm, Inc. Ordered by Judge Clay D. Land on 3/22/2012(tlf).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
BASF AGRO B.V.,
MERIAL LIMITED, and
MERIAL SAS,

*
*

Plaintiffs,

*

vs.

*
CASE NO. 3:07-CV-125 (CDL)

CIPLA LIMITED, et al.,

*

Defendants,

*

VELCERA, INC. and FIDOPHARM,
INC.,

*
*

Intervenors.
*
O R D E R
Intervenors Velcera, Inc. and FidoPharm, Inc. (collectively
“Velcera”)
Order.

seek

clarification

(ECF Nos. 148 & 149).

of

this

Court’s

June

21,

2011

Specifically, they seek guidance

as to the meaning of two separate parts of the Court’s Order
when read together.

The first part of the Order that is in

question enjoined Velcera from:
selling, causing to be sold, offering for sale, and
causing to be offered for sale in the United States
veterinary products for which Cipla participated in
the development, manufacture, and/or packaging, which
products contain fipronil and methoprene, regardless
of brand name, including but not limited to the
veterinary products Protektor Plus, PetArmor Plus,
TrustGard Plus, and Velcera Fipronil Plus.
Order 47-48, June 21, 2011, ECF No. 75.

The second pertinent part of the Order reads as follows:
“The

Court

intends

to

limit

the

specific

injunctive

against Velcera to its conduct in concert with Cipla.”

relief
Id. at

48 n.11 (citing Additive Controls & Measurement Sys., Inc. v.
Flowdata, Inc., 96 F.3d 1390, 1395-96 (Fed. Cir. 1996)).
Reading these two provisions in the Order together and in
context with the entire Order, the Court finds that the meaning
of the Court’s Order is clear:
From the date of the Court’s June 21, 2011 Order going
forward, Velcera is enjoined from selling, causing to
be sold, offering for sale, and causing to be offered
for sale in the United States veterinary products that
it has developed, manufactured, and/or packaged in
concert with Cipla, which products contain fipronil
and methoprene, regardless of brand name, including
but not limited to the veterinary products Protektor
Plus, PetArmor Plus, TrustGard Plus, and Velcera
Fipronil Plus.
See Order 47-48 & n.11, June 21, 2011, ECF No. 75.
The

Court

declines

to

issue

an

advisory

opinion

as

to

whether Velcera’s planned product violates the Court’s Order.
See Pac. & S. Co. v. Duncan, 792 F.2d 1013, 1015 (11th Cir.
1986) (declining to issue an advisory opinion as to the future
possibility

that

the

enjoined

party

may

wish

to

engage

in

certain conduct).
IT IS SO ORDERED, this 22nd day of March, 2012.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

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