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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`JAZZ PHARMACEUTICALS, INC.,
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`et al.,
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`Plaintiffs,
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`AMNEAL PHARMACEUTICALS,
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`LLC, et al.,
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`Civil Action No. 13-391 (ES) (JAD)
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`ORDER
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`Pending before the Court is Watson Laboratories, Inc.’s (“Watson”) motion to dismiss
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`several counts of a complaint for patent infringement filed by Jazz Pharmaceuticals, Inc. and
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`Jazz Pharmaceuticals Ireland Limited (collectively, “Jazz”). (D.E. No. 13, Civil Action No. 14-
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`7757). In Counts VIII, IX, X, XI, XII, XIII, and XIV of its complaint, Jazz alleges patent
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`infringement of U.S. Patent Nos.: 7,668,730; 7,765,106; 7,765,107; 7,895,059; 8,457,988;
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`8,589,182; and 8,731,963 (collectively, the “Risk Mitigation Patents”), respectively. (D.E. No.
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`1, Civil Action No. 14-7757). Watson moves to dismiss these counts under Federal Rule of Civil
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`Procedure 12(b)(6) on the grounds that the “Risk Mitigation Patents” claim ineligible subject
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`matter under 35 U.S.C. § 101.
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`The Court has been informed, however, that Petitions for Inter Partes Review (“IPR”)
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`under 35 U.S.C. §§ 311-19 have been filed concerning the Risk Mitigation Patents. These
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`Petitions ask the U.S. Patent and Trademark Office’s Patent Trials and Appeals Board (“PTAB”)
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`Case 2:13-cv-00391-ES-JAD Document 185 Filed 11/03/15 Page 2 of 2 PageID: 2338
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`to institute IPR review and cancel all claims of the Risk Mitigation Patents under 35 U.S.C. §
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`103. (See D.E. Nos. 160 & 164, Civil Action No. 13-391).
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`Pursuant to a status conference with the parties on November 3, 2015, and further in the
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`Court’s discretion and interest to efficiently manage its docket, it is hereby
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`ORDERED that Watson’s motion to dismiss is ADMINISTRATIVELY TERMINATED
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`over Watson’s objection, with leave to re-file at a date to be determined by the Court after the
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`PTAB resolves the pending IPR petitions.
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`SO ORDERED.
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`Date: November 3, 2015.
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`s/Esther Salas
`Esther Salas, U.S.D.J.
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