`
`
`
`John E. Flaherty
`Ravin R. Patel
`MCCARTER & ENGLISH, LLP
`Four Gateway Center
`100 Mulberry Street
`Newark, New Jersey 07102
`(973) 622-4444
`
` Attorneys for Plaintiffs
`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`
`
`
`
`vs.
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`Civil Action No.: 15-3324 (SRC) (CLW)
`
`(consolidated for discovery purposes with
`Civil Action Nos. 15-3326, 15-3327,
`16-4918, 16-4920, 16-4921, and 16-9035)
`
`
`
`
`
`PLAINTIFFS’ NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`
`
`
`HORIZON PHARMA, INC., HORIZON
`PHARMA USA, INC., and NUVO
`PHARMACEUTICAL (IRELAND)
`DESIGNATED ACTIVITY COMPANY,
`
`
`
`
`DR. REDDY’S LABORATORIES INC. and
`DR. REDDY’S LABORATORIES LTD.,
`
`
`
`Defendants.
`
`
`
`HORIZON PHARMA, INC., HORIZON
`PHARMA USA, INC., and NUVO
`PHARMACEUTICAL (IRELAND)
`DESIGNATED ACTIVITY COMPANY,
`
`
`
`
`MYLAN PHARMACEUTICALS INC., MYLAN
`LABORATORIES LIMITED, and MYLAN INC.,
`
`
`
`Defendants.
`
`
`
`HORIZON PHARMA, INC., HORIZON
`PHARMA USA, INC., and NUVO
`PHARMACEUTICAL (IRELAND)
`DESIGNATED ACTIVITY COMPANY,
`
`
`
`
`LUPIN LTD. and
`LUPIN PHARMACEUTICALS INC.,
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`vs.
`
`Plaintiffs,
`
`
`vs.
`
`
`
`Defendants.
`
`
`
`
`
`MYLAN PHARMS. INC. EXHIBIT 1056 PAGE 1
`
`
`
`Case 2:16-cv-04921-SRC-CLW Document 84 Filed 02/21/19 Page 2 of 4 PageID: 894
`
`PLAINTIFFS’ NOTICE OF APPEAL
`
`Notice is hereby given that Plaintiffs Horizon Pharma, Inc., Horizon Pharma USA, Inc.,
`
`and Nuvo Pharmaceuticals (Ireland) Designated Activity Company appeal to the United States
`
`Court of Appeals for the Federal Circuit from the Final Judgment Under Fed. R. Civ. P. 54(b)
`
`entered in this action, and those consolidated therewith, on January 22, 2019.1 ( See Dkt. Nos.
`
`170, 171 in Case No. 15-3324; Dkt. Nos. 68, 69 in Case No. 15-3326; Dkt. Nos. 67, 68 in Case
`
`No. 15-3327; Dkt. No. 139 in Case No. 16-4918; Dkt. No. 83 in Case No. 16-4921; Dkt. No. 31
`
`in Case No. 16-9035.)
`
`In appealing from the Final Judgment Under Fed. R. Civ. P. 54(b), Plaintiffs appeal from
`
`any and all orders, opinions, and other rulings antecedent and ancillary therefore in this case and
`
`all related cases consolidated therewith, including any and all interlocutory judgments, decrees,
`
`decisions, rulings, and opinions that merged into and became part of the Final Judgment, that
`
`shaped the Final Judgment, that are related to the Final Judgment, and upon which the Final
`
`Judgment is based. This includes, but is not limited to, the Court’s claim construction Opinion
`
`and Order, including, but not limited to, its construction of the “target” limitations in the claims
`
`(Dkt. 82 in Case No. 15-3324); and the Court’s Opinion and Order granting summary judgment
`
`that the claims of U.S. Patent Nos. 9,220,698 and 9,393,208 are invalid for indefiniteness under
`
`35 U.S.C. § 112 (Dkt. Nos. 162, 163 in Case No. 15-3324).
`
`This Notice of Appeal is filed with payment to the United States District Court for the
`
`District of New Jersey of the $500 fee required under 28 U.S.C. § 1913 and Federal Circuit Rule
`
`52(a)(3)(A), and payment of the $5 fee required under 28 U.S.C. § 1917.
`
`
`
`
`1 The Final Judgment under Rule 54(b) was entered on January 31, 2019, on the dockets
`for Case Nos. 16-4921, 16-9035, and 16-4918.
`
`2
`
`
`MYLAN PHARMS. INC. EXHIBIT 1056 PAGE 2
`
`
`
`Case 2:16-cv-04921-SRC-CLW Document 84 Filed 02/21/19 Page 3 of 4 PageID: 895
`
`Dated: February 21, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`s/John E. Flaherty
`John E. Flaherty
`Ravin R. Patel
`MCCARTER & ENGLISH, LLP
`Four Gateway Center
`100 Mulberry Street
`Newark, New Jersey 07102
`(973) 622-4444
`
`3
`
`
`MYLAN PHARMS. INC. EXHIBIT 1056 PAGE 3
`
`
`
`Case 2:16-cv-04921-SRC-CLW Document 84 Filed 02/21/19 Page 4 of 4 PageID: 896
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that true copies of the foregoing Plaintiffs’ Notice of
`
`Appeal were caused to be served on February 21, 2019 by electronic mail and/or ECF system
`
`upon counsel of record.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`s/John E. Flaherty
`John E. Flaherty
`Ravin R. Patel
`MCCARTER & ENGLISH, LLP
`Four Gateway Center
`100 Mulberry Street
`Newark, New Jersey 07102
`(973) 622-4444
`
`
`
`
`
`
`
`
`
`MYLAN PHARMS. INC. EXHIBIT 1056 PAGE 4
`
`
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