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`Case 3:19-cv-00977-RS Document 28 Filed 05/08/19 Page 1 of 3
`
`ERIK J. OLSON (CA SBN 175815)
`EJOlson@mofo.com
`ERIC C. PAI (CA SBN 247604)
`EPai@mofo.com
`MORRISON & FOERSTER LLP
`755 Page Mill Road
`Palo Alto, California 94304-1018
`Telephone: (650) 813.5600
`Facsimile: (650) 494.0792
`Attorneys for Plaintiff
`SANDOZ INC.
`
`Vernon M. Winters (SBN 130128)
`Sue Wang (SBN 286247)
`SIDLEY AUSTIN LLP
`555 California Street, Suite 2000
`San Francisco, CA 94104-1503
`Telephone: (415) 772-1200
`Facsimile: (415) 772-7400
`vwinters@sidley.com
`Nicholas Groombridge (pro hac vice)
`Eric A. Stone (pro hac vice)
`Jennifer H. Wu (pro hac vice)
`PAUL, WEISS, RIFKIND, WHARTON &
`GARRISON LLP
`1285 Avenue of the Americas
`New York, NY 10019-6064
`Telephone: (212) 373-3000
`Facsimile: (212) 757-3990
`ngroombridge@paulweiss.com
`Wendy A. Whiteford (SBN 150283)
`Lois M. Kwasigroch (SBN 130159)
`AMGEN INC.
`One Amgen Center Drive
`Thousand Oaks, CA 91320-1789
`Telephone: (805) 447-1000
`Facsimile: (805) 447-1010
`wendy@amgen.com
`Attorneys for Defendants
`AMGEN INC. and AMGEN
`MANUFACTURING, LIMITED
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`SANDOZ INC.,
`
`Plaintiff,
`
`v.
`AMGEN INC. and AMGEN
`MANUFACTURING, LIMITED,
`Defendants.
`
`Case No. 3:19-cv-00977-RS
`STIPULATION AND ORDER
`EXTENDING BRIEFING SCHEDULE
`FOR AMGEN’S MOTION TO
`DISMISS
`
`STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE FOR AMGEN’S MOTION TO DISMISS
`Case No. 3:19-cv-00977-RS
`pa-1895553
`
`
`
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`Case 3:19-cv-00977-RS Document 28 Filed 05/08/19 Page 2 of 3
`
`Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Sandoz Inc. (“Sandoz”) and
`Defendants Amgen Inc. and Amgen Manufacturing, Limited (collectively, “Amgen”), through
`their undersigned counsel, hereby stipulate as follows:
`WHEREAS, Amgen filed a Motion to Dismiss (ECF No. 22) on April 24, 2019;
`WHEREAS, under the existing briefing schedule, Sandoz’s opposition to the motion to
`dismiss is due today, May 8, 2019, and Amgen’s reply is due May 15, 2019;
`WHEREAS, today the Court of Appeals for the Federal Circuit issued its opinion in the
`appeal from the related cases Amgen Inc. v. Sandoz Inc., Case No. 3:14-cv-04741-RS, and Amgen
`Inc. v. Sandoz Inc., Case No. 3:16-cv-02581-RS;
`WHEREAS, a short extension of the briefing schedule on the motion to dismiss would
`allow the parties to consider and account for the Federal Circuit opinion before submitting their
`opposition and reply briefs;
`WHEREAS, the parties believe the proposed extension is sufficiently short that it would
`still provide the Court with sufficient time between the completion of briefing and the hearing on
`the motion to dismiss;
`NOW, THEREFORE, the parties hereby jointly request that the Court extend the time for
`Sandoz to file its opposition to May 13, 2019 and for Amgen to file its reply to May 20, 2019.
`
`Dated: May 8, 2019
`
`MORRISON & FOERSTER LLP
`
`By: /s/ Erik J. Olson
`Erik J. Olson
`Attorneys for Plaintiff
`SANDOZ INC.
`
`STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE FOR AMGEN’S MOTION TO DISMISS
`Case No. 3:19-cv-00977-RS
`pa-1895553
`
`1
`
`
`
`Case 3:19-cv-00977-RS Document 28 Filed 05/08/19 Page 3 of 3
`
`Dated: May 8, 2019
`
`PAUL, WEISS, RIFKIND, WHARTON &
`GARRISON LLP
`
`By: /s/ Nicholas Groombridge
`Nicholas Groombridge
`Attorneys for Defendants
`AMGEN INC. and AMGEN
`MANUFACTURING, LIMITED
`
`SIGNATURE ATTESTATION
`Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that concurrence in the filing of
`this document has been obtained from each of the other Signatories shown above.
`
`Dated: May 8, 2019
`
`By: /s/ Erik J. Olson
`Erik J. Olson
`
`PURSUANT TO STIPULATION, IT IS SO ORDERED.
`
`Dated: ___________, 2019
`May 8
`
`THE HONORABLE RICHARD SEEBORG
`UNITED STATES DISTRICT COURT JUDGE
`
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`STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE FOR AMGEN’S MOTION TO DISMISS
`Case No. 3:19-cv-00977-RS.
`pa-1895553
`
`2
`
`
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