Free Order Staying Case - District Court of Delaware - Delaware

Case 1:04-cv—00884—SLR Document 48 Filed O4/27/2005 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FERRING s.v., )
Plaintiff, g
v. g Civ. No. 04-884-SLR
TEVA PHARMACEUTICAL g
INDUSTRIES LTD. and TEVA )
PHARMACEUTICALS USA, INC., )
Defendants. g
O R D E R
At Wilmington this 27m day of April, 2005, having reviewed
defendants' motion for leave to file a motion for summary
judgment and plaintiff's motion for a stay pending appeal, both
motions based on the decision issued in Ferring B.V. and Aventis
Pharmaceuticals, Inc. v. Barr Laboratories, Inc., 02 Civ. 9851
(CLB}(S.D.N.Y. February 7, 2005)(the “§arr litigation”), in which
the ‘398 patent was found to be unenforceable due to inequitable
conduct;
IT IS ORDERED that the above captioned litigation is hereby
stayed pending appeal of the Ear; litigation to the United States
Circuit Court for the Federal Circuit.