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Takeda Pharmaceutical Co., Ltd. v. Mylan Inc.

United States District Court, N.D. California, San Jose Division

February 7, 2014

TAKEDA PHARMACEUTICAL CO., LTD., TAKEDA PHARMACEUTICALS U.S.A., INC., AND TAKEDA PHARMACEUTICALS AMERICA, INC., Plaintiffs,
v.
MYLAN INC. AND MYLAN PHARMACEUTICALS INC., Defendants. TAKEDA PHARMACEUTICAL CO., LTD., TAKEDA PHARMACEUTICALS U.S.A., INC., AND TAKEDA PHARMACEUTICALS AMERICA, INC., Plaintiffs,
v.
MYLAN INC. AND MYLAN PHARMACEUTICALS INC., Defendants. TAKEDA PHARMACEUTICAL CO., LTD., TAKEDA PHARMACEUTICALS U.S.A., INC., AND TAKEDA PHARMACEUTICALS AMERICA, INC., Plaintiffs,
v.
MYLAN INC. AND MYLAN PHARMACEUTICALS INC., Defendants.

STIPULATION AND [PROPOSED] ORDER TO RELATE AND CONSOLIDATE CASES

LUCY H. KOH, District Judge.

Plaintiffs Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals U.S.A, Inc., and Takeda Pharmaceuticals America, Inc. (collectively, "Takeda"), and Defendants Mylan Inc. and Mylan Pharmaceuticals Inc. (collectively, "Mylan"), hereby stipulate through their respective attorneys as follows:

WHEREAS, the above-captioned actions, Takeda Pharmaceutical Co., Ltd. et al. v. Mylan Inc. and Mylan Pharmaceuticals Inc., No. 5:13-cv-4001 LHK (PSG) (N.D. Cal.) (the "4001 Action"); Takeda Pharmaceutical Co., Ltd. et al. v. Mylan Inc. and Mylan Pharmaceuticals Inc., No. 5:13-cv-4002 LHK (PSG) (N.D. Cal.) (the "4002 Action"); and Takeda Pharmaceutical Co., Ltd. et al. v. Mylan Inc. and Mylan Pharmaceuticals Inc., No. 3:14-cv-314 EMC (N.D. Cal.) (the "314 Action"), between Takeda and Mylan are pending in this District;

WHEREAS, the Court related the 4001 and 4002 Actions to each other pursuant to Civil Local Rule 3-12 on October 23, 2013, Order Relating Cases Pursuant to Civil Local Rule 3-12 [No. 5:13-cv-4001 D.N.30; No. 5:13-cv-4002 D.N. 25];

WHEREAS, during the Case Management Conference held in the 4001 and 4002 Actions on February 5, 2014, the Court suggested that, in the interest of efficiency and conservation of resources, the 314 Action should also be related to the 4001 and 4002 Actions;

IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, as follows.

1. The 314 Action should be designated as related to the 4001 and 4002 Actions pursuant to Local Civil Rule 3-12.

2. The 4001, 4002, and 314 Actions shall be consolidated for all purposes, including trial, pursuant to Rule 42(a) of the Federal Rules of Civil Procedure.

3. The schedule set by the Court in the 4001 and 4002 Actions during the Case Management Conference held on February 5, 2014 as well as any related case management order entered by the Court shall apply to the 314 Action.

4. Solely for the purpose of the 314 Action, Counsel of Record for Mylan in the 4001 and 4002 Actions will accept service by electronic mail of the summons and complaint in the 314 Action on behalf of Mylan. Notwithstanding the foregoing, as of the date of this stipulation, service has not been made in the 314 Action. The timing for Mylan to answer or otherwise move against the complaint in the 314 Action will be determined by the date upon which service is perfected.

/s/Heather E. Takahashi jeffrey.weinberger@mto.com ted.dane@mto.com heather.takahashi@mto.com pro hac vice ryan.hagglund@mto.com eric.chiu@mto.com tina.arroyo@mto.com /s/Ryan W. Koppelman ryan.koppelman@alston.com pro hac vice deepro.mukerjee@alston.com pro hac vice alexander.lorenzo@alston.com
pro hac vice paki.banky@alston.com pro hac vice forthcoming bryan.skelton@alston.com

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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