Judge Connolly Grants Hospira And Pfizer’s Motion To Stay Patent Infringement Action Pending Resolution Of Related Action

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By Memorandum Order entered by The Honorable Colm F. Connolly, in Amgen Inc. et al. v. Hospira, Inc. et al., Civil Action No. 20-0561-CFC (D.Del. January 7, 2021), the Court granted in part the motion of Defendants Hospira, Inc. and Pfizer, Inc. to stay Civil Action No. 20-0561 until 14 days after resolution of Amgen Inc. et al. v. Hospira, Inc. et al., Civil Action No. 18-1064-CFC (D.Del. 2018).

In granting the motion, the Court found that all three factors weighed in favor of a stay.  Id. at *3.  Specifically, the Court found that (1) a stay of the action would simplify the issues in question and trial of the case; (2) no discovery had yet started in Civil Action No. 20-0561 and no trial date has been scheduled; whereas, by contrast in Civil Action No. 18-1064-CFC, fact and expert discovery is nearly complete and set to close in less than three weeks, and a jury trial is scheduled for May 17, 2021; and (3) a stay of Civil Action No. 20-0561-CFC pending resolution of Civil Action No. 18-1064-CFC would neither unduly prejudice nor provide a clear tactical disadvantage to the Amgen Plaintiffs.  Id. at *3-5.  The Court did deny the motion in part with respect to Defendants’ request that the stay period include the final resolution of all appeals in Civil Action No. 18-1064-CFC.  Id. at *5.  The Court did not go that far.  Id.

A copy of the Memorandum Order is attached.

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