`
`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 CONTINUE DEADLINES IN FIRST ORDER AND NOTICE
`REGARDING DISCOVERY AND SCHEDULING
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`Plaintiff Anacor Pharmaceuticals, Inc. (“Anacor”) hereby moves to continue all deadlines
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`set in this Court’s First Order and Notice Regarding Discovery and Scheduling, entered on
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`December 14, 2018 (D.I. 20). Counsel for Mylan has represented that Mylan does not oppose
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`the relief sought by this motion.
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`As described in more detail in Anacor’s recently-filed Motion to Stay Case (D.I. 25), the
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`Patent Trial and Appeal Board (“PTAB”) has instituted inter partes review proceedings (“IPRs”)
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`that will address every patent claim at issue in this litigation. As Anacor also notes in its stay
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`motion, Anacor also has filed a motion with the Judicial Panel on Multidistrict Litigation
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`(“JPML”) seeking to transfer this case to the District of Delaware. See D.I. 25. Although the
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`parties may not agree on the precise terms of Anacor’s stay proposal, Anacor understands that
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`Mylan does not dispute the general proposition that a stay of this action is appropriate at least
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`“until the [PTAB] issues final written decisions in the ongoing [IPRs] of the four patents-in-
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`suit.” Anacor Pharma., Inc. v. Mylan Pharma., Inc., No. 18-1699-RGA (D. Del. Jan. 9, 2019),
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`D.I. 21 (Brief in Support of Mylan’s Response to Anacor’s Cross-Motion to Stay).
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`
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`Case 1:18-cv-00202-IMK Document 37 Filed 01/17/19 Page 2 of 3 PageID #: 1312
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`Accordingly, to avoid the unnecessary expenditure of resources by the Court and the
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`parties on matters that may be mooted, Anacor respectfully requests that the Court continue the
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`deadlines set in its December 14, 2018 order until this Court rules on Anacor’s Motion to Stay
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`Case (D.I. 25).
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`Dated: January 16, 2019
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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
`
`
`/s/ James F. Companion
`James F. Companion
`401 Main Street
`Wheeling, WV 26003
`(304) 233-3390
`jfc@schraderlaw.com
`
`Attorneys for Plaintiff Anacor
`Pharmaceuticals, Inc.
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`2
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`Case 1:18-cv-00202-IMK Document 37 Filed 01/17/19 Page 3 of 3 PageID #: 1313
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`CERTIFICATE OF SERVICE
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` I
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` hereby certify that on January 17, 2019, I caused a true and correct copy of the foregoing
`ANACOR’S MOTION TO CONTINUE DEADLINES IN FIRST ORDER AND NOTICE
`REGARDING DISCOVERY AND SCHEDULING 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
`
`T.O. Kong
`tkong@wsgr.com
`Wendy L. Devine
`wdevine@wsgr.com
`Kristina M. Hanson
`thanson@wsgr.com
`Anjali Deskmukh
`adeshmukh@wsgr.com
`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
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`Of Counsel
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`3
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