Opinion
2012-1270 2012-1271 2012-1272
03-16-2012
HOFFMANN-LA ROCHE INC. AND GENENTECH, INC., Plaintiffs-Appellants, v. APOTEX INC. and APOTEX CORP., and MYLAN INC., MYLAN PHARMACEUTICALS INC., GENPHARM INC. (now known as GENPHARM ULC) and GENPHARM, L.P., and WATSON LABORATORIES, INC., WATSON HARMACEUTICALS, INC., WATSON PHARMA, INC., COBALT PHARMACEUTICALS INC., AND COBALT LABORATORIES, INC., Defendants-Appellees.
NOTE: This order is nonprecedential.
Appeals from the United States District Court for the District of New Jersey in consolidated case nos. 07-4417, 07-4661, and 07-4539, Judge Stanley R. Chesler.
ON MOTION
Before LINN, Circuit Judge.
ORDER
Hoffmann-La Roche Inc. and Genentech, Inc. (Roche) submit a motion for a temporary restraining order and injunction, pending appeal, to prohibit the defendants from launching a generic version of their patented Boniva® drug. Roche also moves to expedite the briefing schedule.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion for a temporary restraining order and injunction is denied.
(2) The motion to expedite the briefing schedule is granted as follows: Roche's opening brief is due within 14 days of the date of this order; the appellees' briefs are due within 14 days of service of Roche's opening brief; Roche's reply brief and the joint appendix are due within seven days of service of the last-served brief by the appellees. No extensions will be granted. An expedited method of service must be used. The date for oral argument will be announced by subsequent order of the court.
FOR THE COURT
____________
Jan Horbaly
Clerk
cc: Mark E. Waddell, Esq.
James P. White, Esq.
Edgar H. Haug, Esq.
William A. Rakoczy, Esq.
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