Abbott Laboratories v. Bayer Healthcare LLC

• Court: Court of Appeals for the Federal Circuit
• Decided: May 17, 2011
• Docket: 2011-1207
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit ABBOTT LABORATORIES, ABBOTT BIORESEARCH CENTER, ~INC., AND ABBOTT BIOTECHNOLOGY LTD., Plaintiffs-Appellees, V. BAYER HEALTHCARE LLC, Defen.dant-Appellant. j ~ 2011-1205 Appea1 from the United States District C0urt for the District of Massachusetts in consolidated case n0s. O9-CV- 40002 and 09-CV-40G61, Judge F. Dennis Say10r, IV. BAYER HEALTHCARE LLC, Plaintiff-Appellant, V. CENTOCOR ORTHO BIOTECH, INC, Defen,dant-Appellee. 2011_r207

ABBOTT LABS V. BAYER HEALTH 2 Appea1 from the United States District Court for the District of Massachusetts in case no. 09-CV-11362, Judge F. Dennis Saylor, lV. ON MOTION ORDER Bayer Hea1thcare LLC (Bayer) moves to consolidate 2011-1205 with 2011-1201 Appe11eeS Abb0ct 'Bi01~esearch Center, Inc. et al. and Cent0cor Ortho Biotech, Inc. both oppose and suggest that the appeals be treated as com- panion cases. Bayer moves for extensions of time to file its briefs. l Upon consideration thereof IT ls ORDERED THA'r: _ (1) The motions for extensions of time are granted If the appellants briefs have not already been filed in the above-captioned cases, they are each due within 21 days of the date of filing of this order (2) The motion to consolidate is denied. (3) The above-captioned appeals will be treated as companion cases, i.e., the cases will be briefed separately and submitted to the same merits panel. (4) A copy of this order shall be transmitted to the merits panel assigned to hear this case. FoR THE CoURT HAY 1 7 2011 /s/ Jan Horbal_v Date J an Horbaly Clerk FI s.s. comer o%§i>’:>s.nis ron me FEoEnAL macon |‘1A‘(~‘l 7 2011 .IA|\HDRBAlY Cl£lI(

3 ABBOTT LABS V. BAYER HEALTH cc: Jeffrey l. Weinberger, Esq. Kaspar J. Stoffelmayr, Esq. S Dianne B. Elderkin, Esq. 0