Synthon Pharmaceuticals, Inc.
Filing
49
ORDER: Lilly's motion to stay [D.E. 36] is GRANTED, and all proceedings in this case are stayed pending resolution ofiPR20 15-00561 and IPR20 15-00562. Synthon Pharmaceuticals, Inc.'s motion for a scheduling order [D.E. 39] is DENIED. Signed by Chief Judge James C. Dever III on 10/2/2015. (Jenkins, C.)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
(Both Cases)
SYNTHON PHARMACEUTICALS, INC., )
)
Plaintiffs,
)
)
v.
)
)
ELI LILLY AND COMPANY and
)
ICOS CORPORATION,
)
)
Defendant.
)
)
5:10-CV-150-D
ELI LILLY AND COMPANY and
ICOS CORPORATION,
)
)
)
Plaintiffs,
)
)
)
v.
)
SYNTHON PHARMACEUTICALS, INC., )
)
Defendant.
)
5: 10-CV-402-D
ORDER
On June 25, 2015, Eli Lilly and Company and ICOS Corporation's (collectively "Lilly")
moved to reinstitute the stay in the above-captioned actions pending resolution of petitions for Inter
Partes Review ("IPR") of the only asserted patents in this case: IPR2015-00561 concerning U.S.
Patent No. 7,182,958 and IPR2015-00562 concerning U.S. Patent No. 6,821,975. See [D.E. 36].
For the reasons set forth in Lilly's supporting brief, a stay of these actions is warranted. Thus, the
court grants the motion to stay.
In sum, Lilly's motion to stay [D.E. 36] is GRANTED, and all proceedings in this case are
stayed pending resolution ofiPR20 15-00561 and IPR20 15-00562. Synthon Pharmaceuticals, Inc.'s
motion for a scheduling order [D.E. 39] is DENIED.
SO ORDERED. This 2... day of October 2015.
J
s c. DEVER m
Chief United States District Judge
2
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