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`v.
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`NOVO NORDISK INC. and NOVO
`NORDISK A/S,
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`VIATRIS INC. and
`MYLAN PHARMACEUTICALS INC.,
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`C.A. No. 1:23-cv-13
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`Case 1:23-cv-00013-TSK Document 36 Filed 06/14/23 Page 1 of 3 PageID #: 421
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
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` Defendant.
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`JOINT MOTION FOR EXTENSION
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`Plaintiffs Novo Nordisk Inc. and Novo Nordisk A/S, and Defendants Viatris Inc. and
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`Mylan Pharmaceuticals Inc., by their undersigned counsel, hereby move the Court for an extension
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`of the deadline to submit the Joint Report of Initial Planning Meeting that is currently due June 14,
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`2023 under the Court’s Order Extending Deadlines dated May 18, 2023 (Dkt. No. 32).
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`While the parties appreciate that the Court previously denied a request for an extension of
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`time (Dkt. 34), the parties have since appeared for a scheduling conference in the Delaware
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`Wegovy Action, captioned Novo Nordisk Inc. and Novo Nordisk A/S v. Viatris Inc. and Mylan
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`Pharmaceuticals Inc., 1:23-cv-00101-CFC (D. Del.). The Delaware court ordered trial to proceed
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`in the Delaware Wegovy Action in December 2024, and Defendants have represented that they
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`intend to proceed in the Delaware Wegovy Action. A final schedule for the Delaware Wegovy
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`Action is due to be submitted to the Delaware court on June 20, 2023. The parties are currently
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`negotiating the dates for the final schedule in the Delaware Wegovy Action in view of the
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`Delaware court’s guidance at the Delaware Wegovy Action scheduling conference. Following
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`entry of a final schedule in the Delaware Wegovy Action, the parties expect this West Virginia
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`Case 1:23-cv-00013-TSK Document 36 Filed 06/14/23 Page 2 of 3 PageID #: 422
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`Wegovy Action to be dismissed, avoiding the need for the Court to consider a schedule in this
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`case.
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`Accordingly, to avoid burdening the Court and to avoid conflicting dates between the
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`Delaware Wegovy Action and the West Virginia Wegovy Action, and in view the anticipated
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`dismissal of this West Virginia Wegovy Action, the parties respectfully request that the date for
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`submission of a Joint Report of Initial Planning Meeting that is currently due June 14, 2023 under
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`the Court’s Order Extending Deadlines dated May 18, 2023 (Dkt. No. 32) be extended to June 28,
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`2023.
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`2
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`Case 1:23-cv-00013-TSK Document 36 Filed 06/14/23 Page 3 of 3 PageID #: 423
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`PERKINS COIE LLP
`
`
`/s/ Brandon M. White
`Brandon M. White (WV Bar No. 14021)
`BMWhite@perkinscoie.com
`PERKINS COIE LLP
`700 13th Street, NW, Suite 800
`Washington, DC 20005
`(202) 654-6200
`bmwhite@perkincoie.com
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`Attorney for Defendants, Viatris Inc. and Mylan
`Pharmaceuticals Inc.
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`Dated: June 14, 2023
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`Respectfully submitted,
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`SCHRADER COMPANION DUFF & LAW,
`PLLC
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`/s/ James F. Companion
`James F. Companion (#790)
`Sandra K. Law (#6071)
`401 Main Street
`Wheeling, WV 26003
`(304) 233-3390
`jfc@schraderlaw.com
`skl@schraderlaw.com
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`Attorneys for Plaintiffs, Novo Nordisk Inc
`and Novo Nordisk A/S
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`3
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