Free Memorandum in Opposition - District Court of Delaware - Delaware

Case 1 :04-cv-00884-SLR Document 39 Filed 03/ 1 5/2005 Page 1 of 6
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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FERRING B.V. :
: Civil Action No. O4-884-SLR
Plaintiff, :
v.
TEVA PHARMACEUTICALS USA, INC. and :
TEVA PHARMACEUTICAL INDUSTRIES :
LIMITED :
Defendants. :
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FERRING B.V.’S OPPOSITION BRIEF TO TEVA’S MOTION FOR
LEAVE TO FILE AMENDED ANSWERS AND COUNTERCLAIMS
Plaintiff Ferring B.V. ("Ferring") hereby opposes defendants Teva Pharmaceutical USA,
Inc.’s and Teva Pharmaceutical Industries Limited’s ("collectively, Teva") Motion For Leave To
File Amended Answers And Counterclaims. Ferring is filing separately a Motion for a Stay
Pending Appeal of the Barr Judgment to the Federal Circuit in conjunction with its Opposition to
Teva’s Motion for Leave to File Summary Judgment on the Basis of Collateral Estoppel ("SJ
Opposition").
I. INTRODUCTION
The sole basis for Teva’s motion to amend its pleadings is the Judgment entered by the
Court in the Southem District of New York (Barr action") and the Memorandum and Order
upon which it is based.1 As set forth in detail in Ferring’s SJ Opposition, reversal by the Federal
1 The facts relating to the Barr action are set forth in Ferring’s SJ Opposition.