Opinion
Case No. 11-13594
04-09-2012
SANDOZ, INC., Plaintiff, v. NOVO NORDISK, INC. and NOVO NORDISK A/S, Defendants.
HON. AVERN COHN
ORDER STAYING PROCEEDINGS
This is a patent case. Plaintiff Sandoz, Inc. (Sandoz) is suing defendants Novo Nordisk A/S and Novo Nordisk, Inc. (collectively, Novo) seeking declaratory relief against Novo, the patent owner and holder of U.S. Patent No. 6,677,358 (the '358 patent). Sandoz seeks a declaratory judgment of patent non-infringement, invalidity, and unenforceability. Sandoz, a generic drug manufacturer, wants to market a generic version of Novo's drug Prandin, known generically as repaglinide. The '358 patent covers the combination of repaglinide and metformin.
Before the Court is Novo's motion to dismiss or, in the alternative, to stay proceedings. Novo argues that the case should be dismissed because (1) venue is not proper (2) there is no jurisdiction or actionable case because of Sandoz's amended patent certification. Novo alternatively argues that the Court should stay proceedings in this case pending the outcome of appeals in the case between Novo and Caraco Pharmaceutical Laboratories, Ltd (Caraco).
For the reasons stated on the record at the hearing on April 9, 2012, proceedings in this case are STAYED pending the Supreme Court's disposition of Caraco v. Novo, No. 10-844. Within 7 days of the Supreme Court's decision, the Court will schedule a status conference to discuss further proceedings in this case.
SO ORDERED.
______________________
AVERN COHN
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, April 9, 2012, by electronic and/or ordinary mail.
Julie Owens
Case Manager, (313) 234-5160