NOTE: This order is n0nprecedentia1. United States Court of AppeaIs for the Federal Circuit ELI LILLY AND COMPANY, Plaintiff-AppelZant, V. ACTAVIS ELIZABETH LLC, Defendant-Appellee, and SUN PHARMACEUTICAL INDUSTRIES LIMITED Defendant-Appellee, and SANDOZ INC., Defendant-Appellee, and MYLAN PHARMACEUTICALS INC., Defendant-Appellee, and APOTEX INC., Defen,dant-Appellee, and ELI LILLY AND COMPANY V. ACTAVIS 2 AUROBINDO PHARMA LTD., Defendc.'.nt-Appellee, and TEVA PHARMACEUTICALS USA, INC., Defendant-Appellee. 2010-1500 Appeal from the United States District Court for the District of NeW Jersey in case no. 07-CV-3770, Judge Dennis lVI. Cavanaugh. ON MOTION PER CUR1AM. 0 R D E R Eli Lilly and Company submits a motion for an in- junction to prevent the defendants-appellees from launch- ing generic versions of its patented drug, pending disposition of its appeal. Eli Lilly also submits a motion to expedite the briefing and assignment of this case to an oral argument calendar. The United States District Court for the District of New Jersey held that the defendants induced infringe- ment of Eli Lilly's patent. The district court also held that the patent was invalid for lack of enablement be- cause, inter a1ia, there was no timely demonstration of utility. On August 24, 2010, the district court entered judgment, and Eli Lilly filed its appeal on August 25, 2010. The district court granted in part Eli Lilly's motion for an injunction to provide Eli Lilly time to seek injunc- 3 ELl LILLY AND COMPANY V. ACTAVlS tive relief from this court. The district court thereby temporarily enjoined the defendants for 14 days from the date of its entry of judgment. Upon consideration thereof IT ls ORDERED THAT: (1) The response of the defendants-appellees to Eli Lilly's motion for an injunction is due no later than noon on Monday, August 30, 2010. lt is preferred that the defendants-appellees file a joint response. (2) The temporary injunction entered by the district court is continued, pending this court's receipt of the response and this court's consideration of the papers submitted. (3) The following briefing schedule applies: (a) The appellant's opening brief is due within 14 days of the date of filing of this order. (b) The appellees' briefs are due within 14 days of service of the appellant's opening brief. (c) The appellant's reply brief and the joint appendix are due within 7 days of service of the appellees' briefs. (d) Oral argument will be scheduled by subsequent order of the court. (e) All briefs must be served either by electronic mail or by hand delivery (4) The motion to expedite brieEng and oral argu- ment is moot. For The Court AUG 2 5 lsi Jan Horbaly Date J an Horbaly Clerk "-'-assf§f.l’ss,= '°“ AUG 26201U mm HoaaALY CLERK ELI LILLY AND COMPANY V. ACTAVlS ccc Robert D. Bajefsky, Esq. Gregory D. Miller, Esq. Scott P. Feder, Esq. William A. Rakoczy, Esq. Thomas J. Parker, Esq. Keith V. Rockey, Esq. James F. Hurst, Esq. Steven J. Lee, Esq. s8