Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00940-JJF Document 22 Filed 05/05/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MERCK & CO., INC., :
Plaintiff, Q
v. Z Civil Action No. 04-939-JJF
TEVA PHARMACEUTICALS E
U.S.A., INC., :
Defendant. Q
THE PROCTOR & GAMBLE COMPANY, :
Plaintiff, Q
v. E Civil Action No. 04-940—JJF
TEVA PHARMACEUTICALS E
U.S.A., INC., : .
Defendant. E %
O R D E R
WHEREAS, on February 8, 2005, Defendant filed a letter with
the Court seeking to consolidate cases 04—cv—939 and 04—cv—940
(D.I. 9);
WHEREAS, on May 3, 2005, the Court ordered the parties to
submit memoranda setting forth the advantages and disadvantages
of consolidation (D.I. l0);
WHEREAS, in reviewing the parties' submissions, the Court
concludes that, although the cases have some common issues, the
advantages of consolidation are outweighed by the disadvantages,
namely, the differing factual and legal issues and the potential
for confusion to a jury;

Case1:04-cv-00940-JJF Document 22 Filed 05/05/2005 Page20f2
NOW THEREFORE, IT IS HEREBY ORDERED that the Court will
decline to cOnsOlidate cases O4-cv—940 and O4-cv—939.
May L , 2005 _ ·’ . OM/*0*
DATE UNI ED TA S DISTRIC UDGE
T