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Case 1:11-cv-01077-RGA Document 106 Filed 07/25/12 Page 1 of 1 PageID #: 1015

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NOV ARTIS PHARMACEUTICALS CORPORATION, et al., Plaintiffs, v. ACTAVIS SOUTH ATLANTIC LLC, et al., Defendants. Civil Action No. 11-1077-RGA

ORDER

The Plaintiffs' Motion for Leave to Amend Their Complaint (D.I. 66) is DENIED. It has filed a separate action seeking the same relief. If the Complaint were allowed to be amended, it would join a non-ANDA patent infringement claim with the existing patent infringement claims. The existing case is set according to the expedited ANDA scheduling, which is, essentially, required by statute. There is, for example, no provision for case dispositive motions. No such expedition requirement exists in regard to the proposed amended claim, and both sides might want to have case dispositive motions. Even assuming Plaintiffs would waive this, there is no reason why the Defendant should be required to do so. Therefore, permitting amendment will prejudice the Defendant, and there is no justification for that.