Amarin Pharma, Inc. et al v. Roxane Laboratories, Inc. et.al,

Filing 107

ORDER GRANTING Defendant Teva's ECF No. 95 Motion to vacate settlement conference : The Court hereby VACATES the settlement conference on January 8, 2018. The Court will set a post-claim construction settlement conference after a claim construction order has been issued. Signed by Magistrate Judge Nancy J. Koppe on 12/18/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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AMARIN PHARMA, INC, et al.,
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Plaintiff(s),
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v.
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WEST-WARD PHARMACEUTICALS CORP.,
et al.,
Defendant(s).

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Case No. 2:16-cv-02525-MMD-NJK
ORDER
(Docket No. 95)

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Pending before the Court is Defendant Teva Pharmaceuticals USA, Inc.’s (“Teva”) motion to

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vacate the pre-claim construction settlement conference (“settlement conference”) set for January 8,

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2018. Docket No. 95. Plaintiffs Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Limited

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(“Amarin”) filed a response. Docket No. 99. Defendants West-Ward Pharmaceuticals Corp. and West-

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Ward Pharmaceuticals International Limited (“West-Ward”) filed a response. Docket No. 100.

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Defendants Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd. (“Dr. Reddy”) filed a

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response. Docket No. 101. Defendant Teva filed a reply. Docket No. 104.

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Defendant Teva submits that the settlement conference should be vacated because: (1) attempts

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at settlement on the same patents in a prior litigation have been unsuccessful, decreasing the likelihood

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of success at settlement in this litigation and (2) it would be inconvenient for Defendant to travel and

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attend the settlement conference, especially given the low likelihood of success at settlement. Docket

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No. 95 at 2.

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In response, Plaintiff Amarin submits that the parties have not completed their claim construction

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briefs. Docket No. 99 at 2. Plaintiff Amarin also submits that if all the parties cannot attend the

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settlement conference in person, that the settlement conference should be vacated and scheduled after

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an order has been issued on the claim construction. Id. Additionally, Defendant West-Ward submits

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that it does not oppose vacating the settlement conference and rescheduling it after an order has been

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issued on the claim construction, nor does it oppose proceeding with the settlement conference without

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all parties present. Docket No. 100 at 2. Further, Defendant Dr. Reddy submits that it does not oppose

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vacating the settlement conference and rescheduling it after an order has been issued on the claim

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construction. Docket No. 101 at 2. In reply, Teva notes that no party has objected to postponing the

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currently-scheduled settlement conference. Docket No. 104 at 2. Teva reiterates its position that the

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settlement conference will be more productive after the Court has issued a claim construction ruling.

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Id.

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Accordingly, for good cause shown, the Court GRANTS Defendant Teva’s motion. Docket No.

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95. The Court hereby VACATES the settlement conference on January 8, 2018. Docket No. 92. The

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Court will set a post-claim construction settlement conference after a claim construction order has been

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issued.

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IT IS SO ORDERED.

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DATED: December 18, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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