NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ENDO PHARMACEUTICALS INC., GRUNENTHAL
GMBH,
Plaintiffs-Cross-Appellants
v.
TEVA PHARMACEUTICALS USA, INC., ACTAVIS
INC., ACTAVIS SOUTH ATLANTIC LLC, WATSON
PHARMACEUTICALS, INC., AMNEAL
PHARMACEUTICALS OF NEW YORK, LLC,
ROXANE LABORATORIES, INC., AMNEAL
PHARMACEUTICALS, LLC, THORX
LABORATORIES, INC., BARR LABORATORIES,
INC., RANBAXY, INC., RANBAXY
PHARMACEUTICALS, INC., SUN
PHARMACEUTICAL INDUSTRIES, LTD., IMPAX
LABORATORIES, INC.,
Defendants-Appellants
______________________
2015-2021, 2015-2022, 2015-2023, 2015-2024, 2015-2025,
2015-2026, 2015-2028, 2015-2031, 2015-2033, 2015-2034,
2015-2035, 2015-2041, 2015-2042, 2015-2046, 2015-2047,
2015-2049, 2015-2059, 2015-2060, 2016-1025, 2016-1060,
2016-1117, 2016-1118
______________________
Appeals from the United States District Court for the
Southern District of New York in Nos. 1:12-cv-08060-
TPG-GWG, 1:12-cv-08115-TPG-GWG, 1:12-cv-08317-TPG-
2 ENDO PHARMACEUTICALS INC. v. TEVA PHARMACEUTICALS
USA, INC.
GWG, 1:12-cv-08985-TPG-GWG, 1:13-cv-00435-TPG-
GWG, 1:13-cv-00436-TPG-GWG, 1:13-cv-03288-TPG, 1:13-
cv-04343-TPG, 1:13-cv-08597-TPG, Senior Judge Thomas
P. Griesa.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
In this action, Grünenthal GmbH appealed the U.S.
District Court for the Southern District of New York’s
judgments related to Grünenthal’s U.S. Patent Nos.
8,114,383 and 8,309,060. We initially granted Grünen-
thal’s motion to stay its appeals, pending two specific
actions by the U.S. Food and Drug Administration that
Grünenthal argued were likely to moot its appeals.
See generally Docket Nos. 197, 203, 230. Grünenthal then
moved to extend the stay, reasoning that neither of those
actions had materialized. See generally Docket No. 230.
We exercised our discretion to lift the stay, then dismissed
Grünenthal’s appeals without prejudice. See Endo
Pharm. Inc. v. Teva Pharm. USA, Inc., —F. App’x—, No.
2015-2021, 2018 WL 2230923, at *1 n.1 (Fed. Cir. May 16,
2018).
Grünenthal now moves to: (1) vacate the district
court’s judgments deciding issues related to its two pa-
tents; and (2) remand to the court with instructions to
dismiss all claims and defenses related to those patents
consistent with vacatur. See generally Docket No. 233.
Grünenthal also conditionally moves to extend the dead-
line to file its petition for panel rehearing and/or rehear-
ing en banc. See generally Docket Nos. 239, 242. Kashiv
Pharma, LLC, not a party to the appeals, moves for leave
ENDO PHARMACEUTICALS INC. v. TEVA PHARMACEUTICALS 3
USA, INC.
to intervene to oppose Grünenthal’s motion for vacatur.
See generally Docket No. 237.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) We vacate our dismissal of Grünenthal’s ap-
peals and reinstate them.
(2) We remand the appeals to the district court
for the limited purpose of its consideration of
Grünenthal’s motion for vacatur. We retain juris-
diction so that any of the parties may seek appel-
late review by notifying the Clerk of the Court
within thirty days of entry of the district court’s
decision on remand. Grünenthal’s appeals are
held in abeyance pending the resolution of its mo-
tion for vacatur by the district court.
(3) We deny Grünenthal’s conditional motions
and Kashiv’s motion.
FOR THE COURT
June 29, 2018 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court