Free Letter - District Court of Delaware - Delaware

Case 1:07-cv—00818-G|V|S—LPS Document 21 Filed 02/05/2008 Page 1 of 1
M '
OITISJEIITICS LLP
Mary B. Matterer
302.s8x.6960
[email protected]
, February 5, 2008
VIA ELECTRONIC FILING
The Honorable Gregory M. Sleet
United States District Court for the District of Delaware
844 King Street _
Wilmington, Delaware 19801
Re: Sciele Pharma, Inc., et. al. v. Mylan Pharmaceuticals, Inc., etal.
CA. Nos. 07-664 and 07-818
Your Honor:
Pursuant to Local Rule 7.1.4, Defendants request oral argument on Defendants’ Motions
to Dismiss Plaintiffs’ Complaint For Lack of Standing and Subject Matter Jurisdiction (D.l. No.
12 (07-664) and D.I. No. 8 (07-818)). Briefing on this motion was completed on Monday,
February 4, 2008.
As Your Honor knows, this case arises under the Hatch-Waxman Amendments, which
Congress enacted for the express purpose of "get[ting] generic drugs into the hands of patients at
reasonable p1ices—fast." In re Barr Labs., Inc., 930 F.2d 72, 76 (D.C. Cir. 1991). Congress
also imposed an express statutory duty on all parties to "reasonably cooperate in expediting
the action.” 21 U.S.C. § 355(j)(5)(B)(iii). But as set forth in Mylan’s papers, Mylan is
currently subject to an unwarranted 30-month stay of FDA approval of its competing generic
products. In view of that unwarranted stay, as well as the upcoming expiration of the patent-
in-suit on June 8, 2008, Mylan respectfully requests an expedited hearing on its motion to
dismiss.
espectfully,
0/ Wmrmw
Mary B. Matt rer, #2696
mmatterer@ orrisjames.com
MBM/tmp
cc: Clerk of the Court
William J. Marsden, Jr.
500 Delaware Avenue, Suite 1500 | Wilmington, DE 19801-1494 T302.888.6800 F302.571.1750
Mailing Address P.O. Box 2306 | Wilmington, DE 19899-2306 www.morrisjames.com

Case 1:07-cv-00818-GMS-LPS

Document 21

Filed 02/05/2008

Page 1 of 1