Brigham and Women's Hospital, Inc. et al v. Perrigo Company et al

Filing 326

Judge Rya W. Zobel: ORDER entered finding as moot 308 Motion for Reconsideration ; granting 309 Motion for Reconsideration ; finding as moot 311 Motion to Strike; The court hereby vacates its previous judgment #227, and enters a separate, fi nal judgment that reflects resolution of liability and damages as detailed in the 12/14/16 jury verdict and the court's 4/24/17 memo and order #325; plaintiff's opposition by 8/15/17; reply of no more than 5 pages by 8/22/17. (Urso, Lisa) Modified on 8/2/2017 (Urso, Lisa).

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 13-11640-RWZ

BRIGHAM AND WOMEN’S HOSPITAL, INC. and
INVESTORS BIO-TECH, L.P.
v.
PERRIGO COMPANY and L. PERRIGO COMPANY

ORDER
August 2, 2017

ZOBEL, S.D.J.
On June 21, 2017, the United States Court of Appeals for the Federal Circuit, by
Judge Wallach, held that “[t]here was . . . no final judgment in December 2016; a full
accounting of the damages remained outstanding because the issue of enhanced
damages had not been resolved.” Docket # 319, at 3. This court, however, resolved
the issue of damages in its April 24, 2017 memorandum and order. Docket # 284.
Thus, Perrigo’s Motion for Reconsideration of the Court’s May 15, 2017 Order is
ALLOWED (Docket # 309). The court hereby vacates its previous judgment (Docket #
227), and enters a separate, final judgment that reflects resolution of liability and
damages as detailed in the December 14, 2016 jury verdict and the court’s April 24,
2017 memorandum and order. Docket # 325.
Perrigo’s Motion for Reconsideration of the Court’s April 24, 2017 Order (Docket
# 308) and Plaintiffs’ Emergency Motions to Strike Defendants’ Renewed Motions for

Judgment as a Matter of Law and for a Stay of Briefing (Docket # 311) are moot in light
of the Federal Circuit’s order.
Although Perrigo has 28 days after the entry of the final judgment to file a
renewed motion for judgment as a matter of law or joint request for a new trial, see Fed.
R. Civ. P. 50(b) and 59(b), it previously submitted renewed motions for judgment as a
matter of law shortly after entry of the court’s April 24 order. See Docket ## 298, 300,
303, 306. Thus, I will consider these motions and supporting memoranda as timely
filed in response to the court’s final judgment. Plaintiffs shall submit their memoranda
in opposition within 14 days after entry of this order, i.e., August 15, 2017. Any reply
briefs of no more than five pages may be filed seven days after plaintiffs have
submitted their opposition papers, i.e., August 22, 2017.

August 2, 2017

/s/Rya W. Zobel

DATE

RYA W . ZOBEL
SENIOR UNITED STATES DISTRICT JUDGE

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