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`NOT FOR PUBLICATION
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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` Civil Action No. 13-0391 (ES) (JAD)
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` ORDER
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`JAZZ PHARMACEUTICALS, INC.,
`et al.,
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`Plaintiffs,
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`v.
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`AMNEAL PHARMACEUTICALS
`LLC, et al.,
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`Defendants.
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`SALAS, DISTRICT JUDGE
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`WHEREAS presently pending before the Court is a motion for judgment on the pleadings
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`as to U.S. Patent No. 8,772,306 (the “’306 patent”) filed by Defendant Par Pharmaceutical, Inc.
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`(“Par”) pursuant to Federal Rule of Civil Procedure 12(c) (D.E. No. 244);
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`WHEREAS matters outside the pleadings have been presented to the Court in conjunction
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`with the pending motion for judgment on the pleadings, namely communications to and from the
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`U.S. Food and Drug Administration (see D.E. No. 280-1, Exhs. 2-4), which appear critical to the
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`Court’s resolution of the pending motion;
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`WHEREAS the Federal Circuit has determined that a district court is entitled to examine
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`documents “integral to or explicitly relied upon in the complaint” in evaluating a Rule 12(c) motion
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`and, in particular, may examine “ANDA filings, Section viii statements, and proposed labeling”
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`where a patentee’s complaint in an ANDA case “referenced and relied on [an ANDA filer’s] FDA
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`filings, and the parties do not dispute the authenticity of the documents that are before the court,”
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`1
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`Case 2:13-cv-00391-ES-JAD Document 327 Filed 11/14/16 Page 2 of 2 PageID: 6699
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`see AstraZeneca Pharm. LP v. Apotex Corp., 669 F.3d 1370, 1378 n.5 (Fed. Cir. 2012) (citing In
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`re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1426 (3d Cir. 1997));
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`WHEREAS the Court is concerned, however, that communications to and from the U.S.
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`Food and Drug Administration do not plainly appear to fall within the ambit of what the Court
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`may consider at this stage under AstraZeneca Pharm. LP v. Apotex Corp., 669 F.3d 1370, 1378
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`n.5 (Fed. Cir. 2012) and In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1426 (3d Cir.
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`1997);
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`WHEREAS the Court, in its discretion, has accordingly elected to administratively
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`terminate the instant motion for judgment on the pleadings and to grant Par leave to file a motion
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`for summary judgment concerning the ’306 patent at a time it considers appropriate;
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`IT IS on this 14th day of November 2016,
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`ORDERED that Par’s motion pursuant to Federal Rule of Civil Procedure 12(c) (D.E. No.
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`244) is administratively terminated; and it is further
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`ORDERED that Par may file a motion for summary judgment pursuant to Federal Rule of
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`Civil Procedure 56 when it sees fit; and it is further
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`ORDERED that the Clerk of the Court shall terminate docket entry number 244.
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`s/Esther Salas
`Esther Salas, U.S.D.J.
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`2
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