Free Order - District Court of Delaware - Delaware

"' I ’Case 1 :07-md-01866-GMS Document 1 Filed 08/21/2007 Page 1 of 4
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A iliiltli ' TION MULTIDISTRICT LITIGATION ,
IN ' : BRIMONIDINE PATENT LITIGATION I
I Allergan, Inc. v. Exela Pharmsci, Inc., et al., ) a
C.D. California, C.A. No. 2:07-1967 ) MDL No. 1866
Allergan, Inc. v. Apotex, Inc., etal., ) ___ _ _ _p __ H __».___ J p I
D. Delaware, C.A. No. 1:07-278 §.*”·4 <.Q' ) F :Y__ E B . I
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Before the entire Panel :Commonpla1nt1ffAllergan,Inc.,hasmo , •·» • . · · · . ·• -- V- »--— - ,
§ 1407, to centralize this litigation in the District of Delaware. This litigation currently consists of ·
two actions pending in the Central District of California and the District of Delaware, respectively.
Responding defendants’ oppose centralization. l
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On the basis of the papers tiled and hearing session held, we find that these two actions ‘
involve common questions of fact, and that centralization under Section 1407 in the District of
Delaware will serve the convenience of the parties and witnesses and promote the just and efficient
conduct of the litigation. Both actions involve common factual allegations concerning validity and
enforceability of tive of plaintiffs patents used in making drugs for the treatment of glaucoma.
Centralization under Section 1407 will eliminate duplicative discovery, prevent inconsistent pretrial _
railings (particularly on claim construction issues), and conserve the resources of the parties, their
counsel and the judiciary.
Defendants base a significant part of their opposition to centralization on their concern that
transfer will engender further delays in a litigation in which time is of the essence. We are
sympathetic to this concern but view it as misplaced. Transfer under Section 1407 will have the
salutary effect of assigning the present actions to a single judge who can formulate a pretrial program
that ensures that pretrial proceedings will be conducted in a manner leading to the just and
expeditious resolution of all actions to the overall benefit of the parties and the courts. Indeed,
actions involving the validity of complex pharmaceutical patents and the entry of generic versions
ofthe patentholder’s drugs are particularly well-suited for transfer under Section 1407. See, ag., In
re Meroprolol Siiccinaie Patent Litigation, 329 F.Supp.2d 1368 (J.P.M.L. 2004) (ordering transfer
* Judge Scirica took no part in the disposition of this matter.
‘ Exela Pharrnsci, Inc., Exela Pharm Sci Pvt., Ltd., Paddock Laboratories, Inc., Pharmaliorce,
Inc., Apotex, Inc., and Apotex Corp.

Case 1:07-md-01866-GMS Document 1 Filed 08/21/2007 Page 2 of 4
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under Section 1407 of two actions in which the patentholder alleged infringement of two complex ?
T pharmaceutical patents). - . i
We conclude that the District of Delaware is an appropriate transferee forum in this docket.
An earlier action involving this same plaintiff and two of the same tive patents was brought in that
district in 2004. That action, which was overseen by the Honorable Gregory M ._Sleet, was actively
litigated and remained pending until early 2006, when a settlement was reached on the eve of trial. $
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the one action pending
inthe Central District of California is transferred to the District of Delaware and, with the consent 3
of that court, assigned to the Honorable Gregory M. Sleet for coordinated or consolidated pretrial .
proceedings with the action pending in that district.
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PANEL ON l\/IULTTDISTRICT LITIGATION l
grr g. /év{f; “
V John G. Heyburn ll
Chairman
D. Lowell Jensen J. Frederick l\/lotz
Robert L. Miller, Jr. Kathryn H. Vratil
David R. Hansen Anthony J. Scirica*

‘ ‘ ‘ M OT ‘“C§s§ sc?-Hdiifseé-GMS O`”D6c¤Tmeht 1 File)? O%21é?OQ7 Page 2 of 4
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{ r — Printed on 08/20/2007
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Judicial Panel on Multidistrict Litigation - Panel Attorney Service List l
for O
MDL 1866 - IN RE Brimonidine Patent Litigation p .
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. *** Report Key and Title Page *** i
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Please Note: This report is in alphabetical order by the last name of the attorney. A party may not be
represented by more then one attorney. See Panel rule 5.2(c).
Party Representation Key
* Signifies that an appearance was made on behalf of the party by the representing attorney. _
# Specified party was dismissed in some, but not all, ofthe actions in which it was named as a party.
All counsel and parties no longer active in this litigation have been suppressed.
This Report is Based on the Following Data Filters
Docket: 1866 - Brimonidine PAT
For Open Cases

Case 1 :07-md-01866-GMS Document 1 Filed 08/21 /2007 Page 4 of 4
. Judicial Panel on Multidistrict Litigation - Panel Attorney Service List Page 1
{Pocket: 1866 - IN RE Brimonidine Patent Litigation 0
Status: Transferred on 08/20/2007 I
Trtsfcree DiSifiCtZ DE .lHdg€l Sleet, Gregory M. Printed on 08/20/2007 i
ATTORNEY - FIRM REPRESENTED PARTY(S) `
Brooks, Juanita R. => Phone: (858) 678-5070 Fax: (858) 678-5099 · _
Fish & Richardson, P.C. Allergan, 1nc.* l
12390 El Camino Real _
San Diego, CA 92130-2081 _
Kawula, Jr, Walter J. => Phone: (312) 655-1500 Fax: (312) 655-1501 `
Welsh & Katz, Ltd. Apotex Corp.*; Apotex, Inc.* ‘
120 South Riverside Plaza i
22nd Floor
Chicago, H. 60606 *
1
White, Barry S. => Phone: (212) 588-0800 Fax: (212) 588-0500 V
Frommer, Lawrence & Hang, L.L.P. Exela Pharmsei Pvt., Ltd.*; Exela Pharmsei, Inc.*; Paddock Laboratories, 1nc.*; PharmaForce, Inc.* ` I
745 Fifth Avenue ‘ _
New York, NY 10151

Note: Please refer to the report title page for complete report scope and key.

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