Apotex Inc v. Daiichi Sankyo, Inc. et al

Filing 72

MOTION by Plaintiff Apotex Inc for judgment (Rollo, Sherry)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
APOTEX, INC.
Plaintiff,
v.
DAIICHI SANKYO, INC.
and
DAIICHI SANKYO CO., LTD.

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 12-CV-09295
Hon. Sharon Johnson Coleman
and
Civil Action No. 15-CV-03695
Hon. Sharon Johnson Coleman

Defendants.
APOTEX’S MOTION FOR IMMEDIATE ENTRY OF A FINAL JUDGMENT
On January 8, 2016, counsel of record in both the above-captioned cases were sent a
document captioned Notification Of Docket Entry. ECF No. 65 in Case No. 15-cv-3695
(“Apotex II”); ECF No. 134 in Case No. 12-cv-9295 (“Apotex I”). This document stated that
“Apotex’s motions for summary judgment in Apotex I [103] and Apotex II [38] are granted.” Id.
It also stated, “All pending motions are stricken as moot.” Id. It further stated, “Civil case
terminated.” Id. (emphasis added).
Intervenor-Defendant Mylan questions whether this is a final judgment that triggers its
time to appeal. See ECF No. 70 in Apotex II; ECF No. 141 in Apotex I.
For the reasons explained in Apotex’s brief accompanying this motion, Apotex believes
that final judgment was entered on January 8. Out of an abundance of caution, however, Apotex
respectfully requests entry of the proposed forms of judgment that accompany this motion.

Time is of the essence. As explained in Apotex’s accompanying brief, these cases,
including any appeals (however unwarranted) need to be disposed of before August 11 of this
year.

Dated: 11 February 2016

Respectfully submitted,

/s/ Sherry L. Rollo
Steven E. Feldman
Sherry L. Rollo
HAHN LOESER & PARKS LLP
125 S. Wacker Drive, Suite 2900
Chicago, Illinois 60606
Telephone No. [phone]
Facsimile: [phone]
Attorneys for Plaintiff APOTEX INC.

2

Certificate of Service
I certify that on 11 February 2016 I electronically filed the foregoing document with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to all
counsel of record.
11 February 2016

/s/ Sherry L. Rollo___________
Sherry L. Rollo

3