NOTE: This order is n0nprecedentia1. United States Court of Appeals for the FederaI Circuit THE MEDI CINES COMPANY, Pla,intiff-Appellee, 4 V. DAVID J. KAPPOS, UNDERSECRETARY OF COMMERCE FOR INTELLECTUAL PROPER_TY AND DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, UNITED STATES PATENT AND TRADEMARK OFFICE, MARGARET A. HAMBURG, COMMISSIONER, UNITED STATES FOOD AND DRUG ADMINISTRATION, UNITED STATES FOOD AND DRUG ADMINISTRATION, KATHLEEN SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, AND DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendan,ts-Appellees, V. APP PHARMACEUTICALS, LLC, M0vant-Appellant. 2010-1534

MEDICINES CO V. KAPPOS 2 Appeal from the United States District Court for the Eastern District of Virginia in case no. 10-CV-0286, Senior Judge Claude M. Hi1ton. ON MOTION ORDER PLlVA lnc. moves without opposition for leave to file a brief amicus curiae in support of the movant-appe]lant. PLlVA HRVATSKA d.o.o. moves without opposition for leave to file a substitute amicus brief. Separately, The Medicines Cornpany (MDCO) moves for a 30-day exten- sion of time, until May 18, 2011 to file its brief. APP Pharmaceuticals, LLC opposes. MDCO replies. A motion for leave to file a brief amicus curiae is un- necessary if unopposed or if the brief is Hled on consent. Fed. Cir. R. 29(c). Upon consideration thereof, IT ls 0RDERED TI1AT: (1) PLlVA lnc.’s motion for leave to file a brief amicus curiae is denied as moot PLIVA HRVATSKA's motions are denied as unnecessary PLIVA HRVATSKA's brief amicus curiae is accepted for filing (2) MDCO’s motion for an extension of time is granted FOR THE CoURT APR 05 2011 /s/ J an H0rbaly Date J an Horbaly Clerk FI L l.s. coua'r oFYPEA1.s FoR ms FEoERAL c1Rcun APR 05 2011 .|AN iWRBAL'( C|.EfI(

3 cc. S Peter D. Keisler, Esq. Michael D. Shumsky, Esq. Emily A. Evans, Esq. Jeanne E. Davidson, Esq. MEDICINES CO V. KAPPOS