Bone Care International LLC et al v. Pentech Pharmaceuticals, Inc.

Filing 653

MOTION by Defendants Cobrek Pharmaceuticals, Inc., Pentech Pharmaceuticals, Inc., Counter Claimants Cobrek Pharmaceuticals, Inc., Pentech Pharmaceuticals, Inc., Pentech Pharmaceuticals, Inc., Pentech Pharmaceuticals, Inc. for judgment to be Entered (Stevenson, Robert)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
BONE CARE INTERNATIONAL LLC )
and GENZYME CORPORATION,
)
) Civil Action No. 08-cv-1083
Plaintiffs,
)
) JUDGE DOW
v.
) MAGISTRATE JUDGE ASHMAN
)
PENTECH PHARMACEUTICALS,
)
INC., and COBREK
)
PHARMACEUTICALS, INC.
)
)
Defendants.
)
___________________________________ )
DEFENDANTS’ MOTION FOR ENTRY OF JUDGMENT
Defendants Pentech Pharmaceuticals, Inc. and Cobrek Pharmaceuticals, Inc., move this
Court to enter a Final Judgment in the above-captioned matter as to U.S. Patent No. 5,602,116
(“the ‘116 patent”), and in support of this Motion, state as follows:

1.

On March 22, 2012, this Court issued findings of fact and conclusions of law

pursuant to Fed.R.Civ.P. 52(a) where the Court held claim 7 of the patent-in-suit, i.e., the ‘116
patent, to be valid and enforceable.
2.

Defendants desire to appeal the Court’s decision upholding validity and

enforceablility of the ‘116 patent.
3.

To initiate the appeal process, Defendants must file a notice of appeal under

Fed.R.App.P. 3(a). According to Rule 3(a), the notice of appeal must be filed “within the time
allowed by Rule 4” of the Federal Rules of Appellate Procedure.

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4.

Under Fed.R.App.P. 4(a)(1)(A), the notice of appeal must be filed “within 30

days after the judgment or order appealed from is entered.”
5.

Although the Court has issued findings of fact and conclusions of law in the

above captioned case, the Court has not yet entered final judgment. Were Defendants to file a
notice of appeal prior to entry of final judgment, their notice would be “treated as filed on the
date of and after the entry.” Fed.R.App.P. 4(a)(2). In other words, the clock for the appeal
process can only start upon entry of final judgment.
6.

The ‘116 patent expires in 2014. Defendants are eager to begin the briefing

schedule, etc., en route to a decision by the Court of Appeals for the Federal Circuit.

Accordingly, Defendants respectfully request that this Court enter final judgment in the
above-captioned case.

Dated: March 30, 2012
By
KATTEN MUCHIN
ROSENMAN LLP
Robert B. Breisblatt
525 W. Monroe Street
Chicago, IL 60661

/s/ Robert W. Stevenson
CAESAR, RIVISE, BERNSTEIN,
COHEN & POKOTILOW, LTD.
Robert S. Silver
Robert W. Stevenson, Ill. Reg. No. 6195238
1635 Market Street - 11th Floor
Philadelphia, PA 19103
Attorneys for Defendants and
Counterclaim-Plaintiffs, Pentech Pharmaceuticals,
Inc., and Cobrek Pharmaceuticals, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of March, 2012, a true and correct copy of
DEFENDANTS’ MOTION FOR ENTRY OF JUDGMENT was filed electronically. Notice
of this filing will be sent to the following by operation of the Court’s electronic filing system.
Parties may access this filing through the Court’s system.
Oscar Alcantara, Esq.
GOLDBERG KOHN ET AL.
55 East Monroe, Suite 3300
Chicago, IL 60603
[e-mail]

Robert L. Baechtold, Esq.
Scott K. Reed, Esq.
Filko Prugo, Esq.
FITZPATRICK, CELLA, HARPER & SCINTO
1290 Avenue of the Americas
New York, NY 10104-3800
[e-mail]
[e-mail]
[e-mail]
/s/ Robert W. Stevenson
Robert W. Stevenson

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