Synthon Pharmaceuticals, Inc.

Filing 54

ORDER denying 50 Motion for Reconsideration regarding 49 Order. Signed by Chief Judge James C. Dever III on 12/17/2015. (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. ) ) ELI LILLY AND COMPANY and ICOS CORPORATION, 5:10-CV-150-D ) ) ) ) ) v. ) ) SYNTHON PHARMACEUTICALS, INC., ) ) Defendant. ) Plaintiffs, 5:1 0-CV -402-D ORDER On October 2, 2015, the court granted Eli Lilly's motion to stay actions pending resolution of petitions for Inter Partes Review ("IPR") of the only asserted patents in this case: IPR20 15-00561 concerning U.S. Patent No. 7,182,958 and IPR2015-00562 concerning U.S. Patent No. 6,821,975. See [D.E. 49]. On October 21, 2015, Synthon Pharmaceuticals, Inc. filed a motion forreconsideration and supporting memorandum [D.E. 50, 52]. On November 12, 2015, Eli Lily and ICOS Corporation responded in opposition [D .E. 53]. The court has considered the record under the governing standard. See,~. Fed. R. Civ. P. 59(e); Zinkand v. Brown, 478 F.3d 634, 637 (4th Cir. 2007); Bogart v. Chapell, 396 F.3d 548, 555 (4th Cir. 2005); Dennis v. Columbia Colleton Med. Ctr .. Inc., 290 F.3d 639,653 (4th Cir. 2002); Pac. Ins. Co. v. Am. Nat'l Fire Ins. Co., 148 F.3d 396,403 (4th Cir. 1998); Hughes v. Bedsole, 48 F.3d 1376, 1382 (4th Cir. 1995). The motion for reconsideration [D.E. 50] is DENIED. SO ORDERED. This _u day of December 2015. SC.DEVERill J Chief United States District Judge 2

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