Free Motion for TRO - District Court of Delaware - Delaware

Case 1 :07-cv—00279-GIVIS Document 22 Filed 07/19/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SOMERSET PHARMACEUTICALS, INC., )
)
Plaintiff ) C.A. No.: 07-279 (GMS)
J
v. )
)
JON W. DUDAS, in his official capacity )
as Under Secretary of Commerce for )
Intellectual Property and Director of the )
United States Patent and Trademark Office, )
J
Defendant. )
MOTION FOR TEMPORARY RESTRAININ G ORDER _
AND PRELIMINARY INJUNCTION
Plaintiff Somerset Pharaceuticals, Inc. hereby respectfully moves the Court for a
temporary restraining order and preliminary injunction requiring the United States Patent and
Trademark Office (the "PTO") to undertake any and all measures necessary to extend before
August 17, 2007 the term of United States Reissue Patent No. 34,579 until such time as there is a
final non—appealable judgment on Plaintiffs claim for judicial review of the PTO’s July 12, 2007
Denial of Somerset’s Application for Extension of the Patent Term of United States Reissue
Patent No. 34,579 under 35 U.S.C. § 156. The grounds for that motion are _set forth in detail in
plaintiff s opening brief filed contemporaneously herewith.
REED SMITH LLP
By: /s/ David E. Wilks
David E. Wilks (Del. Bar # 2793)
1201 Market Street, Suite 1500
Wilmington, Delaware 19801
Tel. 302.778.7560
and

Case 1:07-cv—00279-G|\/IS Document 22 Filed 07/19/2007 Page 2 of 2
John M. Faust
VINSON & ELKINS L.L.P.
1455 Pennsylvania Avenue, N.W., Suite 600
Washington, D.C. 20004-1008
Tel. 202.639.6500
Attorneys for Plaintw
DATED: July 19, 2007

Case 1 :07—cv—00279-GI\/IS Document 22-2 Filed 07/19/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SOMERSET PHARMACEUTICALS, INC., )
)
Plaintiff ) C.A. No.: 07-279 (GMS)
)
v. )
)
JON W. DUDAS, in his official capacity )
as Under Secretary of Commerce for )
Intellectual Property and Director of the )
United States Patent and Trademark Office, )
)
Defendant. )
|PROPOSED| ORDER
This day of , 2007, upon consideration of the motion of Plaintiff
Somerset Pharmaceuticals, Inc. for a Temporary Restraining Order and Preliminary Injunction,
and for good cause shown, it is hereby ORDERED that the Motion shall be, and it hereby is,
GRANTED.
Accordingly, it is hereby ORDERED that:
The United States Patent and Trademark Office ("PTO") shall undertake any and all measures
necessary to extend the term of United States Reissue Patent No. 34,579 until such time as there
is a final, non-appealable judgment on Plaintiffs claim for judicial review of the PTO’s July 12,
2007 Denial of Somerset’s Application for Extension of the Patent Term ofrilnited States
Reissue Patent No. 34,579 under 35 U.S.C. § 156. The Defendant shall comply with this Order
as soon as possible, such that the patent is extended before August 17, 2007.
Chief Judge Gregory M. Sleet

Case 1 :07—cv—00279-GI\/IS Document 22-3 Filed 07/19/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SOMERSET PHARMACEUTICALS, INC., )
)
Plaintiff, ) C.A. NO.: 07-279 (GMS) ·
)
v. )
)
JON W. DUDAS, in his official capacity )
as Under Secretary of Commerce for )
Intellectual Property and Director of the )
United States Patent and Trademark Office, ) U
)
Defendant. )
CERTIFICATE OF SERVICE (
The undersigned hereby certifies that on July 19, 2007, a copy of the foregoing Motion
for Temporary Restraining Order and Preliminary Injunction was served on the following
counsel of record via CM/ECF and Hand Delivery:
COLM CONNELLY U
UNITED STATES ATTORNEY
Patricia C. Hannigan
1007 Orange Street, Suite 700
P.O. Box 2046
Wilmington, Delaware 19899-2046
REED SMITH LLP S
/s/ David E. Wilks
David E. Wilks (DE Bar ID #2793)