Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv-00179-SLR

Document 113

Filed 03/29/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BAYER AG, BAYER HEALTHCARE AG, and BAYER PHARMACEUTICALS CORPORATION Plaintiffs and Counterclaim Defendants, v. DR. REDDY'S LABORATORIES, LTD. and DR. REDDY'S LABORATORIES, INC., Defendants and Counterclaimants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 04-179 (SLR)

ORDER Trial of this case, originally scheduled to commence on March 27, 2006, has been postponed at the request of defendants/counterclaimants Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc. (collectively "Reddy") and the Court has set a new trial date of August 7, 2006, a delay of 133 days. For the reasons stated on the record during the March 22, 2006 conference call with the parties, and pursuant to the Court's authority under 21 U.S.C. § 355(j)(5)(B)(iii); IT IS HEREBY ORDERED that the expiration of "the thirty-month period" set forth in 21 U.S.C. § 355(j)(5)(B)(iii) and 21 U.S.C. § 355(j)(5)(F)(ii), both relating to the effective date of the approval of Reddy's Abbreviated New Drug Application No. 76-938 for

Case 1:04-cv-00179-SLR

Document 113

Filed 03/29/2006

Page 2 of 2

moxifloxacin hydrochloride tablets, is hereby extended from June 10, 2007 until October 21, 2007. SO ORDERED this _______ day of _______________, 2006.

________________________________ Sue L. Robinson Chief United States District Judge

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