ThermoLife International LLC v. Hi-Tech Pharmaceuticals Incorporated
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|Date Filed||#||Document Text|
|December 18, 2012
ORDER - IT IS ORDERED: 1. Hi-Techs motion to dismiss or, in the alternative, motion to stay pending patent reexamination (Doc. 11), is granted in part and denied in part. The motion to dismiss is denied without prejudice and the motion to stay is gr anted. 2. ThermoLife's motion to amend its complaint (Doc. 19) is granted. ThermoLife may file an amended complaint within 20 days after completion of the patent reexamination. 3. This action is stayed pending resolution of the patent reexamina tion. ThermoLifes counsel is directed to file a status report on or before February 15, 2013,and every 60 days thereafter until the stay is lifted.4. Within five days of receiving notice of the outcome of the reexamination,ThermoLife s hall file and serve a notice of the outcome on this Court and Hi-Tech.ThermoLife shall file an amended complaint within 20 days of the patent reexamination, and Hi-Tech may, if warranted, respond to the amended complaint with a motion to dismiss. 5. The parties shall place a joint conference call to the Court within ten days after the amended complaint is filed to discuss briefing of the motion to dismiss (if any) and a revised case management schedule. Signed by Judge David G Campbell on 12/18/12. (LAD)
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