Spectrum Pharmaceuticals, Inc. et al v. Amneal Pharmaceuticals LLC

Filing 27

ORDER Granting as Amended 26 Joint Motion to Stay Action. The parties shall file a Joint Status Report every 90 days. Signed by Magistrate Judge Nancy J. Koppe on 6/1/2015. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-00139-JCM-NJK Document 26 Filed 05/29/15 Page 4 of 5

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Michael J. McCue (Nevada Bar #6055)
Meng Zhong (Nevada Bar #12145)
LEWIS ROCA ROTHGERBER LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169-5996
[phone] (phone)
[phone] (facsimile)
[e-mail]
[e-mail]
Mark H. Izraelewicz
Thomas I. Ross
Kevin M. Flowers
Amanda Antons (pro hac vice application to be filed)
MARSHALL, GERSTEIN & BORUN LLP
233 South Wacker Drive, 6300 Willis Tower
Chicago, IL 60606-6357
[phone] (phone)
[phone] (facsimile)
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
SPECTRUM PHARMACEUTICALS, INC.
AND UNIVERSITY OF STRATHCLYDE

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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,

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Plaintiffs,
v.

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AMNEAL PHARMACEUTICALS LLC
Defendant.

)
)
)
) Case No. 2:15-cv-00139-JCM-NJK
)
) [PROPOSED] ORDER STAYING
) ACTION
)
) AS AMENDED
)

WHEREAS, on January 23, 2015, Plaintiffs Spectrum Pharmaceuticals, Inc., and

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Case 2:15-cv-00139-JCM-NJK Document 26 Filed 05/29/15 Page 5 of 5

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University of Strathclyde brought this action against Amneal Pharmaceuticals, Inc., alleging

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infringement of U.S. Patent No. 6,500,829 (the “’829 patent”) under 35 U.S.C. § 271(a), (b), (c),

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and (e)(2)(A); and

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WHEREAS, Plaintiffs and Amneal have jointly moved to stay the action pending

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resolution of Spectrum Pharmaceuticals, Inc., v. Sandoz, Inc., Case No. 2:12-cv-00111 (“Sandoz

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Action”), which is currently on appeal to the U.S. Court of Appeals for the Federal Circuit, in

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accordance with terms and conditions agreed to by Plaintiffs and Amneal.

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NOW, THEREFORE, IT IS HEREBY ORDERED:

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All claims, counterclaims, and defenses as between Plaintiffs and Amneal are

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hereby stayed in their entirety pending submission of a joint motion by Plaintiffs and Amneal

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requesting that the stay be lifted for purposes of entering a judgment with respect to said claims,

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counterclaims, and/or defenses on terms and conditions agreed to between Plaintiffs and Amneal.

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2.

Each party shall bear its own costs and attorneys’ fees in this action.
IT IS SO ORDERED: THE PARTIES SHALL FILE A JOINT
STATUS REPORT EVERY 90 DAYS.

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June 1, 2015
Dated: ___________________

________________________________________
United States Magistrate Judge
UNITED STATES DISTRICT JUDGE

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