ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC. et al v. WATSON LABORATORIES, INC. et al

Filing 320

OPINION & ORDER: While this Court lacks the authority to enter the proposed consent judgment during the pendency of an appeal, it has considered the proposed consent judgment and, should this case be remanded as anticipated by the Federal Circuit, this Court will enter the proposed order contained in Exhibit B to Docket Entry No. 319.. Signed by Judge Stanley R. Chesler on 3/21/13. (gmd, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
:
JANSSEN PHARMACEUTICALS, INC. :
et al.,
:
:
Plaintiffs,
:
:
v.
:
:
WATSON LABORATORIES, INC. et al. :
:
Defendants.
:
____________________________________:

Civil Action No. 08-5103 (SRC)

OPINION & ORDER

CHESLER, U.S.D.J.
This matter comes before the Court on the joint motion seeking entry of a modified
consent judgment by Defendants Lupin Pharmaceuticals, Inc. and Lupin Limited and Plaintiff
Janssen Pharmaceuticals, Inc. The parties state that they bring this motion pursuant to the Order
of the United States Court of Appeals for the Federal Circuit entered on March 20, 2013. In that
Order, the Federal Circuit declined to dismiss the appeal of this case before it and to remand the
case and, pursuant to Fed. R. Civ. P. 62.1, directed the parties to seek an indicative ruling from
this Court.
While this Court lacks the authority to enter the proposed consent judgment during the
pendency of an appeal, it has considered the proposed consent judgment and, should this case be
remanded as anticipated by the Federal Circuit, this Court will enter the proposed order contained
in Exhibit B to Docket Entry No. 319.
SO ORDERED.
s/ Stanley R. Chesler
Stanley R. Chesler, U.S.D.J.