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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
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`Civil Action No. 18-202-IMK
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`)))))))))))
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`ANACOR PHARMACEUTICALS, INC.,
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`Plaintiff,
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`v.
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`MYLAN PHARMACEUTICALS INC., and
`MYLAN INC.,
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`Defendants.
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`ANACOR’S MOTION TO STAY CASE
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`Plaintiff Anacor Pharmaceuticals, Inc. (“Anacor”) hereby moves to stay this case pending
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`the decisions of the Patent Trial and Appeal Board (“PTAB”) in inter partes review (“IPR”) Nos.
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`2018-00168, 2018-00169, 2018-00170, and 2018-00171. In those IPRs, defendant Mylan
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`Pharmaceuticals Inc. is challenging the validity of all of the claims of each of the patents-in-suit.
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`The terms of the stay Anacor seeks are as follows:
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`1. This case should be stayed in its entirety until the PTAB enters final written decisions in
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`each of the four above-referenced IPRs;
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`2. In the event that the PTAB finds that one or more claims of any of the patents-in-suit are
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`patentable, then the stay should immediately terminate so that the parties can “reasonably
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`cooperate in expediting” this case as required by 21 U.S.C. § 355(j)(5)(B); and
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`3. In the event that the PTAB finds that all of the claims of all of the patents-in-suit are
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`unpatentable, then the stay should continue until the time for appeal of the PTAB’s
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`decisions has expired or any appeals have terminated.
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`Case 1:18-cv-00202-IMK Document 25 Filed 01/14/19 Page 2 of 3 PageID #: 1271
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`In the alternative, Anacor hereby moves for a stay until Anacor’s motion to transfer this
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`case for coordinated and consolidated pretrial proceedings in the District of Delaware is decided
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`by the Judicial Panel on Multidistrict Litigation.
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`The grounds and authorities that support this motion are set forth in the accompanying
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`memorandum, and in any reply memorandum, exhibits, oral argument, or other submission
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`Anacor may make in further support thereof.
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`Dated: January 14, 2019
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`
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`OF COUNSEL:
`Aaron P. Maurer
`David I. Berl
`David M. Horniak
`Anthony Sheh
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`(202) 434-5000
`(202) 434-5029 (Facsimile)
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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
`401 Main Street
`Wheeling, WV 26003
`(304) 233-3390
`jfc@schraderlaw.com
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`Attorneys for Plaintiff Anacor
`Pharmaceuticals, Inc.
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`2
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`Case 1:18-cv-00202-IMK Document 25 Filed 01/14/19 Page 3 of 3 PageID #: 1272
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`CERTIFICATE OF SERVICE
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` hereby certify that on January 14, 2019, I caused a true and correct copy of the foregoing
`ANACOR’S MOTION TO STAY CASE to be electronically filed with the Clerk of the Court
`using the CM/ECF system, which will send notification of such filing to all counsel of record as
`follows:
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`
`
`Gordon H. Copland, Esq.
`Gordon.Copland@steptoe-johnson.com
`William J. O’ Brien, Esq.
`William.Obrien@steptoe-johnson.com
`Steptoe & Johnson PLLC
`400 White Oaks Blvd.
`Bridgeport, WV 26330
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`T.O. Kong
`Wendy L. Devine
`Kristina M. Hanson
`Anjali Deskmukh
`Wilson Sonsini Goodrich & Rosati
`One Market Plaza
`Spear Tower, Suite 3300
`San Francisco, CA 94105
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`Counsel for Defendants Mylan Pharmaceuticals Inc. and Mylan Inc.
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`/s/ James F. Companion
`James F. Companion, Esq. (#790)
`Schrader Companion Duff & Law, PLLC
`401 Main Street
`Wheeling, WV 26003
`Phone: (304) 233-3390
`Fax: (304) 233-2769
`jfc@schraderlaw.com
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`OF COUNSEL:
`Aaron P. Maurer
`David I. Berl
`David M. Horniak
`Anthony Sheh
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`(202) 434-5000
`(202) 434-5029 (Facsimile)
`
`
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`
`3
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