`
`Plaintiffs,
`
`
`
`v.
`
`
`
`
`
`
`C.A. No. 16-1221 (LPS)
`CONSOLIDATED
`
`BAYER HEALTHCARE LLC and BAYER
`HEALTHCARE PHARMACEUTICALS
`INC.,
`
`
`
`
`
`TEVA PHARMACEUTICALS USA, INC.,
`et al.,
`
`
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`JOINT STATUS REPORT REGARDING CLAIM CONSTRUCTION
`
`
`
`Defendants.
`
`
`
`Pursuant to the Court’s August 24, 2018 order, D.I. 88, Plaintiffs Bayer HealthCare LLC
`
`and Bayer HealthCare Pharmaceuticals Inc. (collectively, “Bayer”), and Defendant Teva
`
`Pharmaceuticals USA, Inc. (“Teva”) respectfully submit this Joint Status Report.
`
`The parties’ claim construction dispute concerned two claim terms in the asserted claims
`
`of U.S. Patent No. 8,680,124 (the “’124 patent”). None of the disputed claim terms concerns
`
`U.S. Patent Nos. 7,351,834, 8,637,553, or 9,458,107. See D.I. 52, 53, 56, 57, 63, 64.
`
`Because the ’124 patent is not at issue in the case involving Bayer and Apotex, the claim
`
`construction dispute involved only Bayer and Teva. Bayer has informed Teva that it is no longer
`
`asserting the ’124 patent against Teva in this litigation. Accordingly, the parties’ claim
`
`construction dispute is moot, and there is no need for a Markman hearing.
`
`
`
`
`
`Case 1:16-cv-01221-LPS Document 94 Filed 09/07/18 Page 2 of 2 PageID #: 788
`
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Derek J. Fahnestock
`
`
`
`
`Jack B. Blumenfeld (#1014)
`Derek J. Fahnestock (#4705)
`Anthony D. Raucci (#5948)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`dfahnestock@mnat.com
` Attorneys for Plaintiffs
` Bayer Healthcare LLC and
` Bayer Healthcare Pharmaceuticals Inc.
`
`September 7, 2018
`
`
`
`
`
`
`
`
`
`SHAW KELLER LLP
`
`/s/ Karen Jacobs
`
`
`
`
`John W. Shaw (#3362)
`Karen E. Keller (#4489)
`David M. Fry (#5486)
`1105 North Market Street
`12th Floor
`Wilmington, DE 19801
`(302) 298-0701
`jshaw@shawkeller.com
`kkeller@shawkeller.com
`dfry@shawkeller.com
` Attorneys for Defendant
` Teva Pharmaceuticals USA, Inc.
`
`2
`
`
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