`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`AT CLARKSBURG
`
`MERCK SHARP & DOHME LLC,
`
`Plaintiff,
`
`v.
`MYLAN PHARMACETICALS INC.,
`
`Defendant.
`
`C.A. No. 1:19-cv-101(IMK)
`
`ORDER
`
`Upon consideration of the parties’ Notice of Settlement on Appeal and Joint Motion for an
`
`Indicative Ruling to Effect the Terms of the Settlement, it is ORDERED that:
`
`1.
`
`An indicative ruling under Federal Rule of Civil Procedure 62.1 is appropriate
`
`under these circumstances, as this Court is currently divested of jurisdiction and cannot afford the
`
`relief requested by the parties without a limited remand from the United States Court of Appeals
`
`for the Federal Circuit.
`
`2.
`
`Pursuant to Federal Rule of Civil Procedure 62.1(a)(3), the Court states that it
`
`would grant a motion to amend its final judgment under Federal Rule of Civil Procedure 60(b)(5)
`
`or (b)(6) and enter the Proposed Stipulated Modified Amended Final Judgment, attached as Exhibit
`
`A to the parities’ joint motion, if the Federal Circuit were to remand the case for that limited
`
`purpose.
`
`The Clerk is directed to transmit copies of this Order to counsel of record.
`
`DATED: ____________________
`March 22, 2023
`
`