Opinion
Nos. 2011-1399, -1409, 2011-1408, -1410, -1411, -1412.
June 27, 2011.
Appeals from the United States District Court for the District of Delaware in case no. 09-MD-2118, Judge Sue L. Robinson.
ON MOTION ORDER
Eurand, Inc. et al. (Eurand) move to deconsolidate 2011-1408, -1410, -1411, and -1412 from the expedited appeals, 2011-1399, -1409. Mylan Pharmaceutical Inc. et al. move for clarification of the briefing schedule. Eurand oppose.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion to deconsolidate is granted. The revised official captions are reflected above.
(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. If Barr Laboratories and Teva Pharmaceuticals USA Inc. et al. are participating in 2011-1399, -1409, their appellees' brief is due no later than June 30, 2011. 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.
The cross-appellants' recently received opening brief is deemed submitted for only 2011-1399, -1409.
It 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 invalidity, the court assumes that Barr is participating as an appellee in 2011-1399, -1409. The court further assumes that Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd. are aligned with Barr in 2011-1399, -1409. However, the district court's judgment does not clearly mention Teva by name. If the court's assumptions are incorrect, the parties should promptly inform the court.
(3) Briefing in 2011-1408 et al. should be calculated from the date of docketing of 2011-1408.