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.)

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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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