`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`TEVA PHARMACEUTICALS
`
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS USA, INC.
`
`Plaintiffs,
`
`v.
`
`ELI LILLY AND COMPANY
`
`Defendant.
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 1:18-cv-12029-ADB
`
`DEFENDANT ELI LILLY AND COMPANY’S
`MOTION TO TRANSFER, OR, IF NOT TRANSFERRED,
`THEN TO STAY THIS LITIGATION PENDING INTER PARTES REVIEW
`
`Defendant Eli Lilly and Company (“Lilly”), through its undersigned counsel, hereby
`
`requests to transfer this action to the Southern District of Indiana pursuant to 28 U.S.C. § 1404(a).
`
`If not transferred, Lilly requests that the Court stay this action pending resolution of the inter partes
`
`review petitions for each of the nine patents at issue in this case, or in the alternative, grant a
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`modest stay until April 16, 2019, the date by which the Board will have issued all institution
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`decisions on the patents-in-suit. The grounds for this motion are set forth in the Memorandum
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`submitted with this motion.
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`1
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`
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`Case 1:18-cv-12029-ADB Document 18 Filed 11/02/18 Page 2 of 3
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`REQUEST FOR ORAL ARGUMENT
`
`Pursuant to Local Rule 7.1(d), Lilly believes that oral argument may assist the Court and
`
`requests oral argument of this motion.
`
`Dated: November 2, 2018
`
`Respectfully submitted,
`ELI LILLY AND COMPANY,
`
`By Its Attorneys,
`
`/s/Andrea L. Martin
`Andrea L. Martin (BBO 666117)
`BURNS & LEVINSON LLP
`125 Summer Street
`Boston, MA 02110-1624
`(617) 345-3000
`
`Charles E. Lipsey (pro hac vice)
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`Two Freedom Square
`11955 Freedom Square
`Reston, VA 20190-5675
`
`William B. Raich (pro hac vice)
`Danielle A. Duszczyszyn (pro hac vice)
`Emily R. Gabranski (pro hac vice)
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`
`2
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`
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`Case 1:18-cv-12029-ADB Document 18 Filed 11/02/18 Page 3 of 3
`
`LOCAL RULE 7.1(a)(2) CERTIFICATION
`
`I hereby certify that on October 30, 2018, counsel for Lilly and Teva conferred in good
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`faith about this motion but were unable to resolve or narrow the issues raised in this motion.
`
`/s/ Danielle A. Duszczyszyn
`Danielle A. Duszczyszyn (pro hac vice)
`
`CERTIFICATE OF SERVICE
`
`I, Andrea L. Martin, hereby certify that this document filed through the CM/ECF system
`will be sent electronically to the registered participants as identified on the Notice of Electronic
`Filing (NEF) and paper copies shall be served by first class mail postage prepaid on all counsel
`of record who are not served through the CM/ECF system on November 2, 2018.
`
`/s/Andrea L. Martin
`Andrea L. Martin
`
`4810-5403-5322.1
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`3
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