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Leo Pharma A/S v. Tolmar, Inc., Civ. No. 10-269-SLR (D. Del. Apr. 25, 2012).

Leo Pharma A/S v. Tolmar, Inc., Civ. No. 10-269-SLR (D. Del. Apr. 25, 2012).

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Published by Alfred Reyes

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Categories:Topics, Art & Design
Published by: Alfred Reyes on Apr 25, 2012
Copyright:Attribution Non-commercial

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04/25/2012

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IN
THE UNITED STATES DISTRICT COURTLEO PHARMA A/S,Plaintiff,
v.
TOLMAR, INC.,Defendant.FOR THE DISTRICT OF DELAWARE))))) Civ. No. 10-269-SLR))))
ORDER
At Wilmington this 25th day
of
April, 2012, having conferred with counsel;IT IS ORDERED that plaintiff's request that trial on the '013 patent be stayedpending the outcome
of
the appeal on reexamination to the Board
of
Patent Appealsand Interferences ("the Board"), a request opposed by defendant, is denied. Although it
is
impossible to predict with certainty what the Board will decide on appeal, if the '0
13
patent is determined to be invalid, plaintiff has represented that it will appeal thatdecision to the Federal Circuit, as will any decision by this court be appealed. Likewise,if the '013 patent were to survive reexamination
in
some form, defendant will continueto challenge validity
in
this litigation. Because this is a bench trial, the evidence andarguments presented by the parties can be supplemented if need be. Since neitherparty is willing to abide by the decision
of
any forum other than the Federal Circuit, this
Case 1:10-cv-00269-SLR Document 191 Filed 04/25/12 Page 1 of 2 PageID #: 2723

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