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ELI LILLY and COMPANY, Et Al., Plaintiffs, Vs. MYLAN PHARMACEUTICALS, INC., MYLAN, INC., MYLAN LABORATORIES, LTD., Et Al., Defendants

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ELI LILLY and COMPANY, Et Al., Plaintiffs, Vs. MYLAN PHARMACEUTICALS, INC., MYLAN, INC., MYLAN LABORATORIES, LTD., Et Al., Defendants Page 1 ELI LILLY AND COMPANY, et al., Plaintiffs, vs. MYLAN PHARMACEUTICALS, INC., MYLAN, INC., MYLAN LABORATORIES, LTD., et al., Defendants. 1:14-cv-00389-SEB-TAB UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA, INDIANAPOLIS DIVISION 2015 U.S. Dist. LEXIS 30175 March 12, 2015, Decided March 12, 2015, Filed COUNSEL: [*1] For ELI LILLY AND COMPANY, Washington, DC; Lesley M. Hamming, PRO HAC VICE, DAIICHI SANKYO CO., LTD., DAIICHI SANKYO, WINSTON & STRAWN LLP-Chicago, Chicago, IL. INC., UBE INDUSTRIES, LTD., Plaintiffs: Carol J. Pruski, Dov P. Grossman, Elise Baumgarten, Ellen E. For AMNEAL [*2] AUROBINDO PHARMA Oberwetter, PRO HAC VICE, Adam L. Perlman, Bruce LIMITED, AUROBINDO PHARMA USA INC., Roger Genderson, Sara Kaiser Creighton, WILLIAMS & Defendants: Anuj K. Wadhwa, PRO HAC VICE, CONNOLLY, LLP, Washington, DC; Andrew V. Trask, RAKOCZY MOLINO MAZZOCHI SIWIK, LLP, PRO PRO HAC VICE, WILLIAMS & CONNOLLY, HAC VICE, Chicago, IL; Erin M. Forbes, PRO HAC Washington, DC; Terri L. Bruksch, Jan M. Carroll, VICE, RAKOCZY MOLINO MAZZOCHI & SIWIK BARNES & THORNBURG LLP, Indianapolis, IN. LLP, Chicago, IL; Sally F. Zweig, KATZ & KORIN P.C., Indianapolis, IN. For ACCORD HEALTHCARE INC., USA, ACCORD HEALTHCARE, INC., INTAS PHARMACEUTICALS For DR. REDDY'S LABORATORIES, LTD., DR. LTD., Defendants: Michael R. Dzwonczyk, PRO HAC REDDY'S LABORATORIES, INC., Defendants: Keir J. VICE, Azy Kokabi, SUGHRUE MION, PLLC, LoIacono, Paul H. Kochanski, Roy H. Wepner, William Washington, DC; James W. Riley, Jr., Stephanie Snell L. Mentlik, PRO HAC VICE, LERNER DAVID Chaudhary, RILEY BENNETT & EGLOFF LLP, LITTENBERG, KRUMHOLZ & MENTLIK, LLP, Indianapolis, IN. Westfield, NJ; Stephen E. Arthur, HARRISON & MOBERLY, Indianapolis, IN. For AMNEAL PHARMACEUTICALS LLC, AMNEAL PHARMACEUTICALS OF NEW YORK, LLC, For GLENMARK GENERICS INC., USA, AMNEAL PHARMACEUTICALS CO. INDIA PVT. GLENMARK GENERICS LTD., GLENMARK LTD., TEVA PHARMACEUTICALS USA, INC., PHARMACEUTICALS LTD., Defendants: Kevin M. WATSON LABORATORIES, INC., Defendants: Alice Nelson, Patrick Conlin Gallagher, PRO HAC VICE, McKenzie Morical, Amanda L.B. Mulroony, HOOVER DUANE MORRIS LLP, Chicago, IL; Robert S. Prostko, HULL TURNER LLP, Indianapolis, IN; Charles B. Thomas J. Costakis, KRIEG DEVAULT LLP, Klein, Eimeric Reig-Plessis, Maureen L. Rurka, Samuel Indianapolis, IN. S. Park, PRO HAC VICE, WINSTON & STRAWN LLP, Page 2 2015 U.S. Dist. LEXIS 30175, *2 For HETERO USA INC., HETERO LABS LIMITED, LILLY AND COMPANY, UBE INDUSTRIES, LTD., HETERO LABS LIMITED UNIT V, HETERO DRUGS DAIICHI SANKYO, INC., ELI LILLY AND LTD., Defendants: Briana Lynn Clark, James M. COMPANY, UBE INDUSTRIES, LTD., DAIICHI Hinshaw, BINGHAM GREENEBAUM DOLL LLP, SANKYO CO., LTD., DAIICHI SANKYO, INC., ELI Indianapolis, IN; Christopher A. Potts, PRO HAC VICE, LILLY AND COMPANY, UBE INDUSTRIES, LTD., CANTOR COLBURN LLP, Atlanta, GA; Steven M. DAIICHI SANKYO, INC., ELI LILLY AND Coyle, PRO HAC VICE, CANTOR COLBURN LLP, COMPANY, UBE INDUSTRIES, LTD., DAIICHI Hartford, CT. SANKYO CO., LTD., DAIICHI SANKYO, INC., ELI LILLY AND COMPANY, UBE INDUSTRIES, LTD., For MYLAN PHARMACEUTICALS INC., MYLAN Counter Defendants: Adam L. Perlman, WILLIAMS & INC., [*3] MYLAN LABORATORIES LIMITED, CONNOLLY LLP, Washington, DC; Andrew V. Trask, Defendants: Lance Soderstrom, PRO HAC VICE, Deepro PRO HAC VICE, WILLIAMS & CONNOLLY, R. Mukerjee, James C. Grant, Jonathan D. Parente, Washington, DC; Jan M. Carroll, BARNES & ALSTON & BIRD LLP, New York, NY; Jeremy N. THORNBURG LLP, Indianapolis, IN. Gayed, BARRETT & MCNAGNY LLP, Fort Wayne, IN. For DAIICHI SANKYO CO., LTD., DAIICHI SANKYO For SUN PHARMA GLOBAL FZE, Defendant: Alice CO., LTD., DAIICHI SANKYO CO., LTD., DAIICHI McKenzie Morical, Amanda L.B. Mulroony, HOOVER SANKYO CO., LTD., DAIICHI SANKYO CO., LTD., HULL TURNER LLP, Indianapolis, IN; Eimeric Counter Defendants: Adam L. Perlman, WILLIAMS & Reig-Plessis, Maureen L. Rurka, Samuel S. Park, PRO CONNOLLY LLP, Washington, DC; Jan M. Carroll, HAC VICE, WINSTON & STRAWN LLP, Washington, BARNES & THORNBURG LLP, Indianapolis, IN. DC; Lesley M. Hamming, PRO HAC VICE, WINSTON & STRAWN LLP-Chicago, Chicago, IL. For AMNEAL PHARMACEUTICALS CO. INDIA PVT. LTD., AMNEAL PHARMACEUTICALS OF For ZYDUS PHARMACEUTICALS USA, INC., NEW YORK, [*5] LLC, AMNEAL CADILA HEALTHCARE LTD., (d/b/a ZYDUS PHARMACEUTICALS LLC, SUN PHARMA CADILA), Defendants: Jonathan G. Polak, Melissa A. GLOBAL FZE, WATSON LABORATORIES, INC., Gardner, TAFT STETTINIUS & HOLLISTER LLP, Counter Claimants: Alice McKenzie Morical, Amanda Indianapolis, IN; Steven J. Moore, PRO HAC VICE, L.B. Mulroony, HOOVER HULL TURNER LLP, KELLEY DRYE & ARREN LLP, Stamford, CT; Indianapolis, IN. Vincent P. Rao, II, KELLEY DRYE & WARREN LLP, Parsippany, NJ. For INTAS PHARMACEUTICALS LTD., ACCORD HEALTHCARE, INC., ACCORD HEALTHCARE INC., For FIRST TIME US GENERICS LLC, Consolidated USA, Counter Claimants: Michael R. Dzwonczyk, PRO Defendant 1:14-cv-1168, Defendant: Andrew H. Berks, HAC VICE, Azy Kokabi, SUGHRUE MION, PLLC, CITTONE & CHINTA LLP, New York, NY; Steven G. Washington, DC; James W. Riley, Jr., Stephanie Snell Cracraft, BRANNON SOWERS & CRACRAFT PC, Chaudhary, RILEY BENNETT & EGLOFF LLP, Indianapolis, IN. Indianapolis, IN. For TEVA PHARMACEUTICALS USA, INC., Counter For GLENMARK GENERICS LTD., GLENMARK Claimant: Alice McKenzie Morical, HOOVER HULL GENERICS INC., USA, GLENMARK TURNER LLP, Indianapolis, IN. PHARMACEUTICALS LTD., Counter Claimants: Kevin M. Nelson, Patrick Conlin Gallagher, PRO HAC For ELI LILLY AND COMPANY, DAIICHI SANKYO, VICE, DUANE MORRIS LLP, Chicago, IL; Robert S. [*4] INC., UBE INDUSTRIES, LTD., DAIICHI Prostko, Thomas J. Costakis, KRIEG DEVAULT LLP, SANKYO CO., LTD., ELI LILLY AND COMPANY, Indianapolis, IN. UBE INDUSTRIES, LTD., DAIICHI SANKYO CO., LTD., DAIICHI SANKYO, INC., ELI LILLY AND For AUROBINDO PHARMA LIMITED, AUROBINDO COMPANY, UBE INDUSTRIES, LTD., DAIICHI PHARMA USA INC., Counter Claimants: Anuj K. SANKYO, INC., ELI LILLY AND COMPANY, UBE Wadhwa, PRO HAC VICE, RAKOCZY MOLINO INDUSTRIES, LTD., DAIICHI SANKYO, INC., ELI MAZZOCHI SIWIK, LLP, Chicago, IL; Erin M. Forbes, Page 3 2015 U.S. Dist. LEXIS 30175, *5 PRO HAC VICE, RAKOCZY MOLINO MAZZOCHI & MOTION TO DISMISS FOR LACK OF PERSONAL SIWIK LLP, Chicago, IL; Sally F. Zweig, KATZ & JURISDICTION KORIN P.C., The Emelie Building, Indianapolis, IN. This cause is before the Court on the Motion to For DR. REDDY'S LABORATORIES, INC., DR. Dismiss [Docket No. 150], filed on May 2, 2014, by REDDY'S LABORATORIES, LTD., Counter Claimants: Defendants Mylan Pharmaceuticals, Inc., Mylan, Inc., Keir J. LoIacono, Paul H. Kochanski, Roy H. Wepner, and Mylan Laboratories, Ltd. (collectively, "the Mylan William L. Mentlik, [*6] PRO HAC VICE, LERNER, Defendants").1 The Mylan Defendants contend that we DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, lack personal jurisdiction over them and seek dismissal of LLP, Westfield, NJ; Stephen E. Arthur, HARRISON & the Complaint against them. Plaintiffs Eli Lilly and MOBERLY, Indianapolis, IN. Company, Daiichi Sankyo Co., Ltd., Daiichi Sankyo, Inc., and Ube Industries, Ltd. (collectively, "Plaintiffs") For HETERO DRUGS LTD., HETERO USA INC., rejoin that this court does have personal jurisdiction over HETERO LABS LIMITED UNIT V, HETERO LABS the Mylan Defendants, and further, if we determine there LIMITED, Counter Claimants: Briana Lynn Clark, James is no personal jurisdiction, the proper remedy is not to M. Hinshaw, BINGHAM GREENEBAUM DOLL LLP, dismiss, but rather to transfer the case to an appropriate Indianapolis, IN; Christopher A. Potts, Steven M. Coyle, forum. PRO HAC VICE, CANTOR COLBURN LLP, Atlanta, GA. 1 On November 17, 2014, the Mylan Defendants filed a Motion for Oral Argument [Docket No. For DAIICHI SANKYO CO., LTD., DAIICHI 284]. Because we are able to rule based on the SANKYO, INC., ELI LILLY AND COMPANY, UBE parties' written submissions, that motion is INDUSTRIES, LTD., DAIICHI SANKYO CO., LTD., DENIED. DAIICHI SANKYO, INC., ELI LILLY AND COMPANY, UBE INDUSTRIES, LTD., Counter On May 30, 2014, Plaintiffs moved for time to Defendants: Carol J. Pruski, Dov P. Grossman, Elise conduct jurisdictional discovery regarding the Mylan [*8] Baumgarten, Ellen E. Oberwetter, PRO HAC VICE, Defendants' contacts with Indiana, and the Magistrate Adam L. Perlman, Bruce Roger Genderson, Sara Kaiser Judge granted that request as well as an enlargement of Creighton, WILLIAMS & CONNOLLY LLP, time to respond to the Mylan Defendants' motion to Washington, DC; Andrew V. Trask, PRO HAC VICE, dismiss. That discovery period has now ended and the WILLIAMS & CONNOLLY, Washington, DC; Terri L. Mylan Defendants' Motion to dismiss is fully briefed and Bruksch, Jan M. Carroll, BARNES & THORNBURG ripe for ruling. For the reasons detailed below, we DENY LLP, Indianapolis, IN. the Mylan Defendants' Motion. For CADILA HEALTHCARE LTD., (d/b/a ZYDUS Factual Background CADILA), Counter Claimant: Jonathan G. Polak, Melissa A. Gardner, TAFT STETTINIUS & HOLLISTER LLP, Plaintiffs have brought this claim against the Mylan Indianapolis, IN; Steven J. Moore, PRO HAC VICE, Defendants and others alleging that Defendants infringed KELLEY DRYE & ARREN LLP, Stamford, CT; three of Plaintiffs' patents by filing an Abbreviated New Vincent P. Rao, [*7] II, KELLEY DRYE & WARREN Drug Application ("ANDA") with the FDA seeking LLP, Parsippany, NJ. approval to sell generic versions of Eli Lilly's pharmaceutical product Effient®. Effient® is an JUDGES: SARAH EVANS BARKER, United States anti-thrombotic drug approved for use in the United District
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