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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`MEDA PHARMACEUTICALS INC. and
`CIPLA LTD.,
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`Plaintiffs,
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`v.
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`APOTEX INC. and APOTEX CORP.,
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`)
`)
`)
`)
`)
`C.A. No. 14-1453-LPS
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`JOINT STATUS REPORT
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`Pursuant to the April 14, 2015 Scheduling Order (D.I. 126, ¶ 14), Plaintiffs Meda
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`Defendants.
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`Pharmaceuticals Inc. and Cipla Ltd. (collectively, “Meda”) and Defendants Apotex Inc. and
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`Apotex Corporation (collectively, “Apotex”) jointly submit this Interim Status Report.
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`I.
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`NATURE OF THE MATTERS IN ISSUE
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`At issue in this case is Apotex’s ANDA seeking approval to market a 137 mcg strength
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`azelastine hydrochloride and 50 mcg strength fluticasone propionate combination nasal spray—a
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`generic version of Plaintiff Meda’s DYMISTA® drug product—before the expiration of Plaintiff
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`Cipla’s U.S. Patent Nos. 8,163,723 and 8,168,620.
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`II.
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`STATUS OF THE ACTION
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`While there are no outstanding motions at this time, the parties submitted a Joint Letter to
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`the Court on January 20, 2016, stating that Plaintiffs intend to add an additional patent to the
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`case—U.S. Patent Application No. 14/661,720. The USPTO anticipates that this patent will issue
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`on February 16, 2016. In connection with the addition of this patent, the Court rescheduled the
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`Markman hearing for April 29, 2016. The parties are continuing negotiations and anticipate
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`{01087565;v1 }
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`1
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`Case 1:14-cv-01453-LPS Document 86 Filed 02/11/16 Page 2 of 2 PageID #: 1912
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`submitting a stipulation to file an amended complaint and a proposed revised schedule that will
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`preserve the current trial dates.
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`The parties have served and responded to interrogatories and document requests. Each
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`party has also substantially completed document production, and will continue to supplement as
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`needed. The parties have noticed depositions but have not yet agreed to dates for depositions.
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`The parties are continuing to cooperate to resolve their discovery disputes and do not currently
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`anticipate a need for judicial intervention in this regard.
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`A call has been scheduled with Judge Burke on February 29 to discuss potential
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`mediation.
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`The parties are available to discuss the status of this case with the Court at the Court’s
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`convenience.
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`ASHBY & GEDDES
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`/s/ Andrew C. Mayo
`_________________________________
`Steven J. Balick (#2114)
`John G. Day (#2403)
`Andrew C. Mayo (#5207)
`500 Delaware Ave., 8th Floor
`P.O. Box 1150
`Wilmington, DE 19899
`(302) 654-1888
`sbalick@ashby-geddes.com
`jday@ashby-geddes.com
`amayo@ashby-geddes.com
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`Attorneys for Plaintiffs
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`Dated: February 11, 2016
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`
`POTTER ANDERSON & CORROON, LLP
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`/s/ David E. Moore
`___________________________________
`Richard L. Horwitz (#2246)
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`1313 North Market Street
`Hercules Plaza, 6th Floor
`Wilmington, DE 19801
`rhorwitz@potteranderson.com
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
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`Attorneys for Defendants
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`{01087565;v1 }
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`2
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