`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTICT OF DELAWARE
`
`AMARIN PHARMA, INC., AMARIN
`PHARMACEUTICALS IRELAND
`LilvIITED, MOCHIDA
`PHARMACEUTICAL CO., LTD.,
`
`Plaintiffs,
`
`V.
`
`C.A. No. 20-1630-RGA-JLH
`
`HIKMA PHARMACEUTICALS USA
`INC., HIKMA PHARMACEUTICALS
`PLC, AND HEAL TH NET, LLC
`
`Defendants.
`
`FINAL JUDGMENT UNDER
`FEDERAL RULE OF CIVIL PROCEDURE 54(b)
`
`THIS MATTER having come before the Court on Defendants Hikma Pharmaceuticals
`
`I
`
`USA Inc. and Hikma Pharmaceuticals PLC's (collectively, "Hikma") Motion for Entry of Final
`
`and:Appealable Judgment under Federal Rule of Civil Procedure 54(b), and the Court having
`
`con~idered Hikma's argupients and Sl,!bmissions in 1mpport of the Motion;
`
`It is hereby ORDERED that the Motion is GRANTED.
`
`For the reasons set forth by Hikma in its moving papers, the Court finds that the Court's
`
`ord~r granting Hikma's motion to dismiss Plaintiffs' first amended complaint (D.I. 98) is a final
`
`judgment resolving Plaintiffs' claims against Hikma, and the Court expressly detemiines that there
`
`is no just reason for delay,(see Fed. R. Civ. P. 54(b)).
`
`Considering the factors set forth in Berckeley Inv. Grp., Ltd. v. Colkitt, 455 F.3d 195, 203
`
`(3d Cir. 2006), the Court finds that (1) the relationship between the adjud1eated claims against
`
`Hikma and the unadjudicated claims against the remaining Defendant, Health Net, LLC, is
`
`
`
`Case 1:20-cv-01630-RGA-JLH Document 144 Filed 10/13/22 Page 2 of 2 PageID #: 1990
`
`minimal because Plaintiffs theories of infringement against these respective defendants are
`
`materially different; (2) the only foreseeable possibility that the need for review might be mooted
`
`by future developments in this Court is the invalidation of the asserted patents, which is unlikely
`
`I
`
`to :occur for more than a year; (3) the possibility that the reviewing court might be obliged to
`
`consider the same issue 8: second time is minimal because any appeal of the Court's order granting
`
`Hikma's motion to dismiss does not relate to Plaintiffs' infringement theory against Health Net;
`
`( 4) there is no claim or counterclaim which could result in a set-off against the judgment sought to
`'
`be: made final; and (5) no miscellaneous factors (such as delay, economic and solvency
`
`co~siderations, shortening the time of trial, frivolity of competing claims, expense, and the like)
`
`I
`
`weigh against entering final judgment at this time.
`!
`
`Accordingly, final judgment is ENTERED in favor of Hikma and against Plaintiffs;
`
`Plaintiffs' claims against Hikma in this action are DISMISSED WITH PREJUDICE; and each
`
`I
`
`•
`
`party shall bear its own costs and fees. ~
`
`IT IS SO ORDERED this JJ_ day o f~ , 2022.
`
`United States District Court Judge
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
