Opinion
2012-1062
11-17-2011
MOMENTA PHARMACEUTICALS, INC., AND SANDOZ, INC., Plaintiffs-Appellees, v. AMPHASTAR PHARMACEUTICALS, INC., INTERNATIONAL MEDICATION SYSTEMS, LTD., AND WATSON PHARMACEUTICALS, INC., Defendants-Appellants
CORRECTED ORDER
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the District of Massachusetts in case no. 11-CV-11681, Judge Nathaniel M. Gorton.
ON MOTION
Before DYK, Circuit Judge.
ORDER
Amphaster Pharmaceuticals, Inc. et al. submit a motion for a stay, pending appeal, of the preliminary injunc- tion entered by the United States District Court for the District of Massachusetts on October 28, 2011. Araphas-tar also request an immediate stay of the injunction pending disposition of its motion for a stay, pending appeal. The court also considers whether to expedite the briefing schedule.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) Momenta Pharmaceuticals, Inc. et al. are directed to respond no later than 5:00 p.m. on November 22, 2011.
(2) Amphastar's request for an "immediate stay" pending action on the stay motion is denied.
(3) Amphastar's brief is due no later than November 29, 2011. Momenta's brief is due within 14 days from the date of service of Amphastar's initial brief. Amphastar's reply brief and the joint appendix are due within seven days from the date of service of Momenta's response brief. The case will be placed on the next available oral argument calendar after the briefing is completed.
FOR THE COURT
Jan Horbaly
Clerk
cc: Patricia A. Millett, Esq.
Courtney M. Schou, Esq.