Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc.

CORRECTED ORDER NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit MOMENTA PHARMACEUTICALS, INC., AND SANDOZ, INC., Plcn'ntiffs-Appellees, V. AMPHASTAR PHARMACEUTICALS, INC., INTERNATIONAL MEDICATION SYSTEMS, LTD., AND WATSON PHARMACEUTICALS, INC., Defendan,ts-Appellants, 2012-1062 Appea1 from the United States District Court for the District of Massachusetts in case n0. 11-CV-11681, Judge Nathanie1M. Gorton. ON MOTION Bef0re DYK, Circuit Jucige. 0 R D E R Amphaster Pharmaceutica1S, Inc. et al. submit a mo- tion for a Stay, pending appea1, of the preliminary injunc- MOMENTA PHARMA V. AMPHASTAR PHARM.A 2 tion entered by the United States District Court for the District of Massachusetts on October 28, 2011. Amphas- tar also request an immediate stay of the injunction pending disposition of its motion for a stay, pending appeal. The court also considers whether to expedite the briefing schedule Upon consideration thereof IT ls 0RDERED TH_AT: (l) Momenta Pharmaceuticals, Inc. et al. are directed to respond no later than 5:00 p.m. on November 22, 2011. (2) Amphastar’s request for an “immediate stay” pending action on the stay motion is denied (3) Ampl1astar’s brief is due no later than November 29, 2011. Momenta’s brief is due within 14 days from the date of service of Amphastar’s initial brief. Amphastar’s reply brief and the joint appendix are due within seven days from the date of service of M0menta’s response brief The case will be placed on the next available oral argu- ment calendar after the briefing is completed. FOR THE COURT 1 7 /s/ Jan Horba1y Date J an Horb aly Clerk cc: Patricia A. Millett, Esq. ' FILED Courtney M. Schou, Esq. fm 519 N9V 1 7 2011 JAN |'l0RBA|.Y CLERK