`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`BAXTER HEALTHCARE
`CORPORATION,
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`
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`
`
`HOSPIRA, INC. and ORION CORP.,
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 18-303-RGA
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff,
`
`Defendants.
`
`v.
`
`
`
`
`
`
`
`DEFENDANTS’ UNOPPOSED MOTION FOR
`LEAVE TO FILE FIRST AMENDED COUNTERCLAIM
`
`Pursuant to Federal Rule of Civil Procedure 15(a)(2) and District of Delaware Local Rule
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`15.1, Defendants Hospira, Inc. and Orion Corp. (collectively, “Defendants”) respectfully move
`
`this Court for leave to file a First Amended Counterclaim against Plaintiff Baxter Healthcare
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`Corporation (“Baxter”). A copy of the First Amended Counterclaim is attached hereto as Exhibit
`
`1 (and a redline showing the changes to the original Counterclaim is attached hereto as Exhibit 2).
`
`Baxter does not oppose this motion.
`
`Defendants make this motion on the following grounds:
`
`1.
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`2.
`
`Defendants filed the original Counterclaim (D.I. 10) on March 20, 2018.
`
`Defendants wish to amend the original Counterclaim to add a request for damages
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`for actual infringement and willful infringement, and to demand a jury trial on all issues so triable.
`
`3.
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`Accordingly, Defendants respectfully request the Court grant its Unopposed
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`Motion for Leave to file its first Amended Counterclaim.
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`
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`
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`Case 1:18-cv-00303-RGA Document 49 Filed 09/27/18 Page 2 of 2 PageID #: 1050
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`
`
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`Of Counsel:
`
`Bradford P. Lyerla
`Sara T. Horton
`Yusuf Esat
`Ren-How Harn
`JENNER & BLOCK LLP
`353 N. Clark Street
`Chicago, IL 60654-3456
`312 222-9350
`
`Dated: September 27, 2018
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`
`
`
`
`
`CONNOLLY GALLAGHER LLP
`
`/s/ Arthur G. Connolly, III
`Arthur G. Connolly, III (#2667)
`Ryan P. Newell (#4744)
`The Brandywine Building
`1000 West Street, Suite 1400
`Wilmington, DE 19801
`302) 757-7300
`aconnolly@connollygallagher.com
`rnewell@connollygallagher.com
`
`Attorneys for Defendants
`Hospira, Inc. and Orion Corp.
`
`
`
`
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