Spectrum Pharmaceuticals, Inc. et al v. Sandoz Inc.

Filing 398

ORDER that 397 Unopposed Motion Regarding Deadline to Seek Attorney Fees and Costs is GRANTED. Bill for Taxation of Costs and/or Motion Claiming Attorney fees due by 3/31/16. Signed by Magistrate Judge Nancy J. Koppe on 3/7/16. (Copies have been distributed pursuant to the NEF - MMM)

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PISANELLI BICE
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101

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James J. Pisanelli (Bar No. 4027)
PISANELLI BICE PLLC
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
702.214.2100 (phone)
702.214.2101 (facsimile)
[e-mail]
David C. Doyle (admitted pro hac vice)
Eric M. Acker (admitted pro hac vice)
Brian M. Kramer (admitted pro hac vice)
James J. Cekola (admitted pro hac vice)
John R. Lanham (admitted pro hac vice)
MORRISON & FOERSTER LLP
12531 High Bluff Drive
San Diego, California 92130-2040
858.720.5100 (phone)
858.720.5125 (facsimile)
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
SANDOZ INC.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SPECTRUM PHARMACEUTICALS, INC.
AND UNIVERSITY OF STRATHCLYDE,

CASE NO. 2:12-cv-00111-GMN-NJK

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Plaintiffs and Counterclaim
Defendants,

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v.

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JOINT MOTION REGARDING
DEADLINE TO SEEK ATTORNEY FEES
AND COSTS

SANDOZ INC.,

(Second Request for Extension)
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Defendant and
Counterclaimant.

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JOINT MOTION RE DEADLINE TO SEEK ATTORNEY FEES AND COSTS

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The deadlines for Sandoz Inc. (“Sandoz”) to seek taxation of costs or petition for attorney

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fees were previously stayed by the Court until after resolution of the appeal by Spectrum

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Pharmaceuticals, Inc. and the University of Strathclyde (collectively, “Spectrum”). (Doc. No.

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391.) Spectrum’s appeal has now been resolved, and Sandoz and Spectrum respectfully request

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that the court reset these deadlines for March 31, 2016. The relief requested by this motion will

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serve the interest of judicial efficiency and will allow the parties time to negotiate an agreement

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on the amounts.

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MEMORANDUM IN SUPPORT OF MOTION

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On March 5, 2015, Spectrum filed an Unopposed Motion to Stay Costs and Petition for

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Attorney Fees. (Doc. No. 390.) Spectrum’s Unopposed Motion requested that the Court either

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(1) stay taxation of costs and any petition for attorney fees until after resolution of the appeal of

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the Court’s judgment or (2) grant a three week extension of time for Sandoz to seeks costs and

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fees. The Court granted Spectrum’s Unopposed Motion, holding that “[t]he deadline for

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submission of costs or petition for attorney fees shall be stayed until after resolution of the

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appeal.” (Doc. No. 391.)

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On October 2, 2015, a panel of the Federal Circuit affirmed this Court’s judgment.

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Spectrum timely petitioned for rehearing en banc. On February 12, 2016, the Federal Circuit

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denied Spectrum’s petition, and set its mandate to issue February 19, 2016. On February 25,

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2016, this Court signed an order spreading the Federal Circuit’s mandate. (Doc. No. 396.) The

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parties agree that the Court order spreading the appellate mandate effectively resolved Spectrum’s

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appeal. Accordingly, the parties believe that the stay of the deadline for submission of costs or

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petition for attorney fees should expire.

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The parties have engaged in discussions directed to resolving the issues of costs and

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attorney fees without judicial intervention. The parties are hopeful that they can resolve these

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issues without Sandoz seeking taxation of costs or moving for attorney fees. Accordingly, the

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parties respectfully request an extension of the 14 day period that would ordinarily apply to these

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filings under the Federal Rules of Civil Procedure and the Local Rules, so that the parties may

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continue discussions.
sd-677845

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JOINT MOTION RE DEADLINE TO SEEK ATTORNEY FEES AND COSTS

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The parties request that the Court set a March 31, 2016, deadline for Sandoz to file a bill
for taxation of costs and/or file a motion claiming attorney fees.

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Respectfully submitted,

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Dated this 4th day of March, 2016.

Dated this 4th day of March, 2016.

By: /s/ Brian M. Kramer
David C. Doyle (admitted pro hac vice)
Eric M. Acker (admitted pro hac vice)
Brian M. Kramer (admitted pro hac vice)
James J. Cekola (admitted pro hac vice)
John R. Lanham (admitted pro hac vice)
MORRISON & FOERSTER LLP
12531 High Bluff Drive
San Diego, California 92130-2040

by: /s/ Thomas I. Ross
Mark H. Izraelewicz (admitted pro hac vice)
Thomas I. Ross (admitted pro hac vice)
Kevin M. Flowers (admitted pro hac vice)
Matthew C. Nielsen (admitted pro hac vice)
John R. Labbé (admitted pro hac vice)
Cullen N. Pendleton (admitted pro hac vice)
Amanda K. Antons (admitted pro hac vice)
MARSHALL, GERSTEIN & BOURN LLP
233 South Wacker Drive, 6300 Willis Tower
Chicago, Illinois 60606

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AND
James J. Pisanelli, Esq., #4027
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
Attorneys for Sandoz Inc.

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AND
Michael J. McCue, Esq., #6055
Jonathan W. Fountain, Esq., #10351
3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
Attorneys for Plaintiffs

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IT IS SO ORDERED:
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March 7, 2016

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[UNITED STATES DISTRICT JUDGE,
UNITED STATES MAGISTRATE JUDGE,
UNITED STATES DISTRICT COURT CLERK]

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(whichever is appropriate)
DATED: _____________

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sd-677845

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JOINT MOTION RE DEADLINE TO SEEK ATTORNEY FEES AND COSTS

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CERTIFICATE OF SERVICE
I certify that on March 4, 2016, I caused a copy of the foregoing to be filed electronically

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and that the document is available for viewing and downloading from the ECF system.

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Participants in the case who are registered CM/ECF users will be served by the CM/ECF system.

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The document served is:

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JOINT MOTION REGARDING DEADLINE TO SEEK ATTORNEY FEES AND
COSTS (Second Request for Extension)
Executed this 4th day of March, 2016, at San Diego, California.

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/s/ Brian M. Kramer
Brian M. Kramer

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sd-677845

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JOINT MOTION RE DEADLINE TO SEEK ATTORNEY FEES AND COSTS