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

457 F. App'x 929

• Court: Court of Appeals for the Federal Circuit
• Decided: November 16, 2011
• Docket: 2012-1062
• Status: Unpublished

Opinion

DYK, Circuit Judge.

ON MOTION

ORDER

Amphastar Pharmaceuticals, Inc. et al. submit a motion for a stay, pending appeal, of the preliminary injunction entered by the United States District Court for the District of Massachusetts on October 28, 2011, 2011 WL 5114475. Amphastar 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 Is Ordered That:

(1) 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) Amphastar’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. Am-phastar’s reply brief and the joint appendix are due within seven days from the date of service of Momenta’s response brief. The case will be placed on the next available oral argument calendar after the briefing is completed.