News & Analysis as of

Motion To Stay

Amgen v. Coherus: Coherus Files Reply in Support of Motion to Stay

by Goodwin on

As we have previously reported, on July 25th, Coherus filed a motion to stay discovery pending the result of its motion to dismiss in its litigation against Amgen regarding pegfilgrastim, and Amgen filed an opposition on...more

Texas Federal Judge Upholds CFPB’s Investigative Authority in Denying Stay Pending Appeal of CFPB CID Dispute

by Dorsey & Whitney LLP on

Burgeoning federal enforcement efforts relating to the consumer data and credit reporting industry have led to another key legal development: a federal court in Dallas ruled in favor of the Consumer Financial Protection...more

Chief Judge Stark Overrules Parties’ Objections, Adopts Judge Burke’s Order Denying Defendants’ Motion To Stay Pending Arbitration...

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in The Gillette Co. v. Dollar Shave Club, Inc. et al., Civil Action No. 15-1158-LPS-CJB (D.Del. August 7, 2017), the Court overruled the parties’ objections to the...more

Amgen’s Opposes Coherus’s Motion to Stay in Pegfilgrastim Case

by Goodwin on

In response to Coherus’s motion to stay discovery in Amgen v. Coherus, Amgen filed an answering brief yesterday opposing this motion. Amgen claimed that any delay in the proceedings would “unduly prejudice Amgen and present a...more

Update: Coherus’ Motion to Stay Discovery in Amgen v. Coherus

by Goodwin on

Earlier this week Coherus filed a motion to stay the BPICA litigation brought by Amgen in the District of Delaware, arguing that in light of the FDA’s complete response letter delaying the launch of Coherus’ pegfilgrastim...more

A Motion by any Other Name...

Courts often note that they should avoid exalting form over substance when interpreting laws. Similarly, in construing legal filings, courts typically eschew reliance on document titles in favor of examining their actual...more

Coherus Requests Stay Of Discovery in Amgen v. Coherus

by Goodwin on

We previously reported, Amgen filed a BPCIA suit against Coherus Biosciences, Inc., relating to its aBLA for its pegfilgrastim (Neulasta®) biosimilar. In response, Coherus filed a motion to dismiss the suit arguing that...more

Hawaii Court Enjoins Trump Travel Ban For Excluding Non-Immediate Family Members of US Persons and DHS-Approved Refugees

by Genova Burns LLC on

In June the Supreme Court enforced temporarily President Trump’s travel ban to the extent it excludes persons without a “bona fide relationship” to a person or entity in the U.S. The Court expressly identified wives and...more

“Bad Hombres” Only? Ninth Circuit Federal Judge Slams Deportation Process.

Last week, the Ninth Circuit reviewed a petition for a stay of deportation for Magana Ortiz, an undocumented immigrant. While unable to stop the deportation, Judge Stephen Reinhart used a concurring opinion to blast the...more

Arbitration Provision Enforceable Despite Questions About Legitimacy Of Remainder Of Agreement

by Carlton Fields on

A New York state trial court has denied a motion to stay arbitration in an action brought by plaintiffs, a private equity firm and its affiliate, against defendants, two of plaintiffs’ former officers, despite plaintiffs’...more

Conflict Between Granting a Preliminary Injunction and Staying the Case Pending Appeal of the Injunction

by Foley & Lardner LLP on

In Fresenius Kabi USA, LLC v. Fera Pharmaceuticals, LLC, et al., Case No. 15-3654 (D.N.J.) the district court recently denied Fresenius’s motion to dismiss Fera’s antitrust counterclaims, but simultaneously decided to sever...more

Under the First-to-File Rule, District Court Stays Case Filed Hours After a Declaratory Judgment Action

Under the first-to-file rule (not to be confused with the provision from the America Invents Act), when two actions involving overlapping issues and parties are pending in two federal venues, the first-filed case is generally...more

[Webinar] PTAB and the District Courts - May 18th, 12:00pm CT

by Brinks Gilson & Lione on

On Thursday, May 18, 2017, Gary Ropski, Miyoung Shin, Jafon Fearson, and Alex Wang will present the webinar, PTAB and the District Courts. This Post Grant Patent practice group webinar will discuss interplay between the PTAB...more

Applying The Peppers Doctrine, Illinois Appellate Court Affirms Stay Of Insurer’s Declaratory Judgment Action

In Sentry Ins. v. Cont’l Cas. Co., 2017 IL App (1st) 161785, the Appellate Court of Illinois, First District had occasion to consider whether a trial court properly entered a stay on an insurer’s declaratory judgment action...more

Court Denied Motion To Stay Enforcement of A Turnover Order Against Fiduciary

by Winstead PC on

In In the Estate of Gary, a trial court granted a motion to remove an administrator and later granted a turn over order regarding same. No. 07-16-00421-CV, 2017 Tex. App. LEXIS 1991 (Tex. App.—Amarillo March 8, 2017, no pet....more

House Republicans and Trump Administration File Joint Motion to Delay Suit Challenging Obamacare Subsidies

by Ruder Ware on

An interesting development transpired Tuesday, February 21, 2017 in a case pending in Federal District Court in the District of Columbia that challenges subsidy payments from the Federal Treasury to support Obamacare. The...more

Even in Light of Reexam, Court Declines to Stay Brite-Strike Patent Litigation

For defendants in patent infringement cases, the strategy of filing for reexamination of the patent-in-suit with the U.S. Patent Office is a common tactic to short-circuit costly litigation—as defendants typically request a...more

Client Alert: State Supreme Court Decision Creates Limited Tax Refund Opportunities

by Fraser Trebilcock on

Taxpayers who filed as, or were included as a member of, a unitary business group could qualify for a refund following a decision by the Michigan Court of Appeals that the Michigan Supreme Court chose to let stand on January...more

Analyzing President Trump's Executive Order on Immigration - What it means for you, your business and your employees

by Butler Snow LLP on

On Friday, January 27, 2017, President Donald Trump issued an executive order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” that significantly changes U.S. immigration policy for at...more

Beacon Navigation GmbH v. Ford Motor Company

by Dickinson Wright on

Case Name: Beacon Navigation GmbH v. Ford Motor Company - Docket Number: 2:13-cv-11382-PJD-MAR - Date Filed: 3/28/2013 - Judge: Hon. Victoria A. Roberts - Status: Stayed; reassigned 01/07/2016 - On...more

Update: Praluent® Permanent Injunction Stay Extended to 45 Days

by Goodwin on

We reported last week that a permanent injunction against the sale of Praluent® (alirocumab) was issued in Amgen v. Sanofi/Regeneron. The day after the court’s order, defendants filed a motion to stay the injunction while...more

Texas Judge Denies DOL’s Motion to Stay District Court Overtime Litigation Pending Appeal

Yesterday, Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district...more

The Latest on the Overtime Rule Litigation: District Judge Denies DOL’s Motion to Stay Pending a Ruling by the Court of Appeals

On January 3, 2017, Judge Amos L. Mazzant III issued a Memorandum Opinion and Order in State of Nevada v. United States Department of Labor, denying the U.S. Department of Labor’s (DOL) Motion to Stay Proceedings Pending...more

EPO Stays Proceedings Over Patentability Of Plants And Animals

by Foley & Lardner LLP on

While the U.S. is still sorting out “natural products” jurisprudence under 35 USC § 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all...more

Reduced Scope of Post-IPR Estoppel Imperils Litigation Stays

by Foley & Lardner LLP on

In Depomed, Inc. v. Purdue Pharma LP et al., 3-13-cv-00571 (NJD November 4, 2016, Mem. Op. Dkt. 238) (Bongiovanni, MJ), the Court analyzed and applied recent Federal Circuit decisions limiting the scope of post-IPR estoppel...more

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