SHIRE LLC v. AMERIGEN PHARMACEUTICALS LIMITED

Filing 225

REDACTED MEMORANDUM ORDER, Re: 201 MOTION To Set A New Trial Date filed by SHIRE LLC. Signed by Judge Renee Marie Bumb on 1/20/17. (js)

[Docket No. 201]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

SHIRE LLC,
Plaintiff,

Civil No. 14-6095 (RMB/JS)
MEMORANDUM ORDER

v.

(PUBLICLY FILED)

AMERIGEN PHARMACEUTICALS LTD.,
Defendant.

THIS MATTER comes before the Court upon the Motion to Set a
New Trial Date by Plaintiff Shire LLC [Docket No. 201], as well
as this Court’s January 13, 2017 Order directing Defendant
Amerigen Pharmaceuticals Ltd. to advise the Court whether it
agrees to pay Shire’s reasonable attorneys’ fees and costs
incurred from January 20, 2017 through the conclusion of the
trial and the post-trial briefing,
, if the
trial commences as currently scheduled on February 27, 2017
[Docket No. 221].
The Court has received Amerigen’s January 19, 2017 letter
in response to its Order, indicating that “Amerigen is compelled
to choose” to proceed with trial on February 27, 2017 and pay
Shire’s reasonable attorneys’ fees and costs
, because of its “duty to

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‘reasonably cooperate in expediting the [litigation].’”
[Docket No. 224] (quoting 21 U.S.C. § 355(j)(5)(B)(iii);
21 C.F.R. § 314.107(b)(3)(i)(A)) (emphasis added).
It appears that Amerigen believes that this Court has given
Amerigen no real choice in the matter, in that if it were to
choose a summer 2017 trial, it would be subject to a finding by
this Court that it failed to reasonably cooperate in expediting
the action, pursuant to 21 U.S.C. § 355(j)(5)(B)(iii).

The

Court hereby clarifies that its presentment of this option was
not to force Amerigen’s hand.

If Amerigen elects to proceed

with trial in the summer of 2017, rather than proceed with trial
on February 27, 2017 and pay Shire’s reasonable attorneys’ fees
and costs

, the

Court does not construe such election as a failure to reasonably
cooperate in expediting the action, as set forth in 21 U.S.C.
§ 355(j)(5)(B)(iii).

Having considered the parties’ arguments

and representations in the briefing on the Motion to Set a New
Trial Date, in this Court’s view, either course of action
properly and adequately balances the equities involved,
including the possibility of prejudice and hardship to the
parties and the best interests of judicial efficiency and
resources, as well as this Court’s inherent authority to manage
its own docket.

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ACCORDINGLY, IT IS HEREBY on this 20th day of January 2017,
ORDERED that, unless the Court is advised otherwise by
January 25, 2017, the trial in this matter will commence on
February 27, 2017, and Amerigen will be responsible for
reimbursement of Shire’s reasonable attorneys’ fees and costs
incurred from January 26, 2017 through the conclusion of the
trial and the post-trial briefing,
.
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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