`
`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 FOR LEAVE TO FILE A REPLY MEMORANDUM IN FURTHER SUPPORT
`OF ITS MOTION TO TRANSFER, OR, IF NOT TRANSFERRED, THEN TO
`STAY THIS LITIGATION PENDING INTER PARTES REVIEW
`
`Pursuant to Local Rule 7.1(b)(3), Defendant Eli Lilly and Company (“Lilly”),
`
`respectfully moves for leave to file a reply memorandum not exceeding ten (10) pages in further
`
`support of its Motion To Transfer, Or, If Not Transferred, Then To Stay This Litigation Pending
`
`Inter Partes Review [Dkt 18]. Lilly will be prepared to file such a reply within ten (10) days of
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`any order by this Court granting leave.
`
`In their opposition brief [Dkt 26], Plaintiffs raise for the first time various facts and new
`
`contentions regarding the purported relevance of Arteaus Therapeutics, LLC, including citing
`
`seven new documents. A reply brief is necessary in order to correct inaccuracies raised in
`
`Plaintiffs’ opposition brief and to properly address Plaintiffs’ characterization of the cited case
`
`law and arguments not discussed in Lilly’s opening brief.
`
`Therefore, Lilly respectfully requests that the Court enter an order granting leave to file a
`
`ten (10) page reply to the opposition within ten (10) days of such an order.
`
`
`
`Case 1:18-cv-12029-ADB Document 27 Filed 12/12/18 Page 2 of 3
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`Dated: December 12, 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
`
`
`
`Case 1:18-cv-12029-ADB Document 27 Filed 12/12/18 Page 3 of 3
`
`LR 7.1(a)(2) CERTIFICATION
`
`I hereby certify that Lilly’s counsel conferred with Plaintiffs’ counsel by telephone and
`email on December 11, 2018. On December 12, 2018, Plaintiffs’ counsel stated that they oppose
`this motion.
`
`/s/Andrea L. Martin
`Andrea L. Martin
`
`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 December 12, 2018.
`
`/s/Andrea L. Martin
`Andrea L. Martin
`
`3
`
`
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