`
`Andrea L. Martin, Partner
`amartin@burnslev.com
`617-345-3869
`
`January 18, 2019
`
`Via ECF
`
`Honorable Allison D. Burroughs
`United States District Court Judge
`John Joseph Moakley U.S. Courthouse
`1 Courthouse Way
`Boston, Massachusetts 02210
`
`Re:
`
`Teva Pharmaceuticals International GmbH et al v. Eli Lilly and Company,
`Civil Action No. 1:18-cv-12029-ADB
`
`Dear Judge Burroughs:
`
`This firm, together with Finnegan, Henderson, Farabow, Garrett & Dunner, LLP,
`represents Defendant Eli Lilly and Company (“Lilly”), in the above-captioned matter.
`
`We write to provide an update to the Court regarding the timing of the Patent Trial and
`Appeal Board’s (“Board”) institution decisions on the patents-in-suit, which is directly relevant
`to Lilly’s November 2, 2018 Motion which asked the Court to transfer, or if not transferred, to
`stay the above-captioned matter pending inter partes review. Dkt 18-20, 29-30. If the Court
`does not transfer the case to Indiana, then Lilly respectfully requested “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 modest stay until April 16, 2019, the date by which the
`Board will have issued all institution decisions on the patents-in-suit.” Id. Teva opposes this
`motion. Dkt. 25-26, 33.
`
`Lilly respectfully submits this letter to advise the Court that the Board will issue its
`institution decisions on:
`
`•
`•
`•
`
`three of the patents-in-suit by February 21, 2019,
`three additional patents-in-suit by February 27, 2019, and
`the final three patents-in-suit by April 4, 2019.
`
`See 35 U.S.C. § 314(b). Accordingly, should the Court decide in the alternative to grant a
`modest stay of this litigation until the Board will have issued all of its institution decisions on the
`patents-in-suit, the relevant date will be April 4, 2019 — not April 16, 2019.
`
`
`
`Case 1:18-cv-12029-ADB Document 34 Filed 01/18/19 Page 2 of 2
`
`Honorable Allison D. Burroughs
`Page 2
`
`January 18, 2019
`
`For the reasons set forth in Lilly’s moving papers, Lilly respectfully requests that the Court
`grant its Motion.
`
`Respectfully submitted,
`
`/s/ Andrea L. Martin
`
`Andrea L. Martin
`Partner
`amartin@burnslev.com
`D 617-345-3869
`
`cc: All Counsel of Record (by ECF)
`
`
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