U.S. Court of Appeals for the Federal Circuit, 2011

In Re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation

U.S. Court of Appeals for the Federal Circuit · Decided June 27, 2011

Opinion

NOTE: ThiS order is n0nprecedentia1.

United States Court of Appeals for the Federal Circuit IN RE CYCLOBENZAPRINE HYDROCHLORIDE EXTENDED-RELEASE CAPSULE PATENT LITIGATION EURAND, INC., CEPHALON, INC., AND ANESTA AG, Plaintiffs-Cr0ss Appellants, V. MYLAN PHARMACEUTICALS INC. AND MYLAN INC., Defendants-Appellcmts, AND BARR LABORATORIES, INC., TEVA PHARMACEUTICALS USA, INC., AND TEVA PHARMACEUTICAL INDUSTRIES LTD., Defenclants-Appellees.

2011-1399, -1409 Appeals from the United States DiStrict C0urt for the District of De1aware in case n0. 09-MD-2118, Judge Sue L. R0bins0n.

EURAND V. MYLAN 2 IN RE CYCLOBENZAPRINE HYDROCHLORIDE EXTENDED-RELEASE CAPSULE PATENT LITIGATION EURAND, INC., CEPHALON, INC., AND ANESTA AG, Plaintiffs-Appellants, V. ANCHEN PHARMACEUTICALS, INC. AND ANCHEN, INC., t Defendom,ts-Appellees.

2011-1408, -1410, -1411, -1412 Appea1s from the United States District C0urt for the I)istrict of Delaware in case no. 09-MD-2118,`Judge Sue L. Robinson.

ON MOTION ORDER Eurand, Inc. et al. (Eurand) move to dec0ns01idate 2011-1408, -1410, -1411, and -1412 from the expedited appeals, 2011-1399, -1409. Mylan Pharmaceutical Inc. et a1- move for clarification of the briefing schedule Eurand oppose Upon consideration there0f, IT ls ORDERED THAT: (1) The motion to dec0nso1idate is granted The revised official captions are reflected above.

3 EURAND V. MYLAN (2) The motion for clarification is granted to the following extent The expedited briefing schedule in 2011- 1399, -1409 is clarified to include the cross-appeal. The parties must use hand delivery or overnight delivery for service of all briefs. The appellants' response/reply brief is due no later than June 30, 2011.1 If Barr Laboratories and Teva Pharmaceuticals USA Inc. et al. are participat- ing in 2011-1399, -1409, their appellees' brief is due no later than June 30, 2O11.2 The cross-appellants reply brief is due within 3 days of service of the appellants' response/reply brief. The joint appendix is due within 1 day of service of the cross-appellants reply brief Appeals 2011-1399, -1409 will be placed on the next available calendar after briefing is completed in those cases. (3) Briefing in 2011-1408 et al. should be calculated from the date of docketing of 2011-1408. 1 The cross-appellants' recently received opening brief is deemed submitted for only 2011-1399, -1409. 2 lt is unclear from the various papers submitted by the parties whether Barr is involved in 2011-1399, -1409 or in 2011-1408 et al. Because Barr appears to be aligned with Mylan in the district court's judgment of ir1Validity, the court assumes that Barr is participating as an appel- lee in 2011-1399, -1409. The court further assumes that Teva Pharmaceuticals USA, Inc. and Teva Pharmaceuti- cal lndustries Ltd. are aligned with Barr in 2011-1399, - 1409. H0weVer, the district court's judgment does not clearly mention Teva by name. lf the court's assumptions are incorrect, the parties should promptly inform the comt.

EURAND V. MYLAN 4 FoR THE CoURT \-ll-lN 2 7 /s)' J an Horbaly Date J an Horbaly Clerk cc: J ames H. Wallace, Jr., Esq.

Donald J. Mizerk, Esq. ,_S_ co wl-EB George C. Lombardi, Esq. THEl|£i|fliti]R€nii.Pdl§Fc|USaTF0R William J. Marsden, Jr., Esq. JUN 2 7 2011 s8 .lAN HDRBAL`{ CLERK

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