Apotex, Inc. v. Cephalon, Inc.

Opinion

NOTE: This order is nonprecedential

United States Court of Appeals for the Federal Circuit

APOTEX, INC., Plaintiff-Appellee,

V.

CEPHALON, INC., Defendant-Appellant,

AND

BARR LABORATORIES, INC., MYLAN LABORATORIES, INC., TEVA PHARMACEUTICAL INDUSTRIES, LTD., TEVA PHARMACEUTICALS USA, INC., RANBAXY LABORATORIES, LTD., AND RANBAXY PHARM.ACEUTICALS, INC., Defendants.

2012-1417

Appeal from the United States District Court for the Eastern District of Pennsylvania in case n0. 06-CV-2'768, Judge Mitchell S. Goldberg.

APOTEX, INC. V. CAPHALON, INC. 2

ON MOTION

ORDER

Cephalon, Inc. ("Cephalon”) moves for a 60-day enlargement of time, until September 24, 2012, to file its opening brief. Apotex, Inc. (“Apotex") consents to a 30- day enlargement but opposes a GO-day enlargement.l

Upon consideration thereof, IT ls ORDERED THAT:

Cephalon’s motion for an extension of time is granted. Cephalon’s opening brief is due no later than September 24, 2012.

FoR THE CoURT

08 2012 /s/ Jan Horbaly Date J an Horbaly Clerk LED la reissue “P»e‘rr"f,r:ii,.tm,.», cc: Robert Breisblatt, Esq. AUG 0 8 2012 William F. Lee, Esq. JANHUBBALY

1 On July 13, 2012, the court received a letter from Apotex counsel objecting to a proposed revision in the caption. The court has not received a request to revise the caption, and the caption is not changed.