Case: 18-2160 Document: 49 Page: 1 Filed: 11/27/2018
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`Nos. 2018-2160 and 2018-2161
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`IN THE
`United States Court of Appeals
`for the Federal Circuit
`____________________
`CELLTRION, INC., CELLTRION HEALTHCARE
`CO., LTD., TEVA PHARMACEUTICALS USA, INC.,
`TEVA PHARMACEUTICALS INTERNATIONAL GMBH,
`Appellants,
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`v.
`GENENTECH, INC., BIOGEN INC.,
`HOFFMANN-LA ROCHE INC., CITY OF HOPE,
`Appellees.
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`____________________
`Appeals from the United States District Court for the Northern District of
`California in Nos. 4:18-cv-274-JSW and 4:18-cv-276-JSW, Judge Jeffrey S. White
`____________________
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`APPELLANTS’ UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL
`____________________
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`Pursuant to Fed. R. App. P. 27 and 42(b) and Fed. Cir. R. 27, Appellants
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`Celltrion, Inc., Celltrion Healthcare Co., Ltd., Teva Pharmaceuticals USA, Inc.,
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`and Teva Pharmaceuticals International GmbH respectfully move the Court for
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`voluntary dismissal of Appeal No. 2018-2160, with each side to bear its own
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`costs. 1 Appellees have stated that they consent to this motion for voluntary
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`dismissal and do not intend to file a response.
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`1 The parties to these consolidated appeals previously filed a joint motion to
`voluntarily dismiss Appeal No. 2018-2161 on November 2, 2018. As of the date
`of filing of this motion, the Court has not yet acted on that joint motion.
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`Nos. 2018-2160 and 2018-2161
`
`IN THE
`United States Court of Appeals
`for the Federal Circuit
`____________________
`CELLTRION, INC., CELLTRION HEALTHCARE
`CO., LTD., TEVA PHARMACEUTICALS USA, INC.,
`TEVA PHARMACEUTICALS INTERNATIONAL GMBH,
`Appellants,
`
`v.
`GENENTECH, INC., BIOGEN INC.,
`HOFFMANN-LA ROCHE INC., CITY OF HOPE,
`Appellees.
`
`
`
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`
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`
`
`
`
`____________________
`Appeals from the United States District Court for the Northern District of
`California in Nos. 4:18-cv-274-JSW and 4:18-cv-276-JSW, Judge Jeffrey S. White
`____________________
`
`APPELLANTS’ UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL
`____________________
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`Pursuant to Fed. R. App. P. 27 and 42(b) and Fed. Cir. R. 27, Appellants
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`Celltrion, Inc., Celltrion Healthcare Co., Ltd., Teva Pharmaceuticals USA, Inc.,
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`and Teva Pharmaceuticals International GmbH respectfully move the Court for
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`voluntary dismissal of Appeal No. 2018-2160, with each side to bear its own
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`costs. 1 Appellees have stated that they consent to this motion for voluntary
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`dismissal and do not intend to file a response.
`
`
`1 The parties to these consolidated appeals previously filed a joint motion to
`voluntarily dismiss Appeal No. 2018-2161 on November 2, 2018. As of the date
`of filing of this motion, the Court has not yet acted on that joint motion.
`
`
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`
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`Case: 18-2160 Document: 49 Page: 2 Filed: 11/27/2018
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`
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`November 27, 2018
`
`Elaine Herrmann Blais
`Daryl Wiesen
`Kevin DeJong
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210
`(617) 570-1000
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`Brett M. Schuman
`GOODWIN PROCTER LLP
`Three Embarcadero Center
`San Francisco, CA 94111
`(415) 733-6000
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`Neel Chatterjee
`GOODWIN PROCTER LLP
`601 Marshall St.
`Redwood City, CA 94063
`(650) 752-3100
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`Natasha Daughtrey
`GOODWIN PROCTER LLP
`601 South Figureoa Street
`Los Angeles, CA 90017
`(213) 426-2500
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`Respectfully submitted,
`
` /s/ Brian T. Burgess
`Brian T. Burgess
`GOODWIN PROCTER LLP
`901 New York Avenue, NW
`Washington, DC 20001
`(202) 346-4000
`
`Elizabeth J. Holland
`Huiya Wu
`Robert V. Cerwinski
`Cynthia Lambert Hardman
`GOODWIN PROCTER LLP
`620 Eighth Avenue
`New York, NY 10018
`(212) 813-8800
`
`Michelle S. Rhyu
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304
`(650) 843-5000
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`Eamonn Gardner
`COOLEY LLP
`4401 Eastgate Mall
`San Diego, CA 92121
`(858) 550-6086
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`2
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`Case: 18-2160 Document: 49 Page: 3 Filed: 11/27/2018
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`CERTIFICATE OF INTEREST
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`Counsel for Appellants, Brian T. Burgess, certifies the following:
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`1.
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`The full name of every party represented by me is:
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`Celltrion, Inc.; Celltrion Healthcare Co., Ltd.; Teva Pharmaceuticals USA,
`Inc.; Teva Pharmaceuticals International GmbH
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`2.
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`The name of the real party in interest (if the party named in the caption
`is not the real party in interest) represented by me is:
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`Celltrion, Inc.: Celltrion, Inc.
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`Celltrion Healthcare Co., Ltd.: Celltrion Healthcare Co., Ltd.
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`Teva Pharmaceuticals USA, Inc.: Teva Pharmaceuticals USA, Inc.
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`Teva Pharmaceuticals International GmbH: Teva Pharmaceuticals
`International GmbH
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`3.
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`All parent corporations and any publicly held companies that own 10
`percent or more of the stock of the party or amicus curiae represented
`by me are:
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`Celltrion, Inc.: Celltrion Holdings Co., Ltd.; Ion Investments B.V.
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`Celltrion Healthcare Co., Ltd.: Ion Investments, B.V.; One Equity Partners
`IV, L.P.
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`Teva Pharmaceuticals USA, Inc.: Teva Pharmaceutical Industries Ltd.
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`Teva Pharmaceuticals International GmbH: Teva Pharmaceutical Industries
`Ltd.
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`The names of all law firms and the partners or associates that appeared
`for the party or amicus now represented by me before the agency or are
`expected to appear in the court (and who have not or will not enter an
`appearance in this case) are:
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`N/A
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`3
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`4.
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`Case: 18-2160 Document: 49 Page: 4 Filed: 11/27/2018
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`5.
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`The title and number of any case known to me to be pending in this or
`any other court or agency that will directly affect or be directly affected
`by this Court’s decision in the pending appeal are:
`Appeal No. 2018-2160 may affect certain aspects of Genentech v. Celltrion,
`Inc., No. 1:18-cv-00095-GMS (D. Del.) and Genentech v. Celltrion, Inc.,
`C.A. No. 18-01025-GMS (D. Del.).
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`Appeal No. 2018-2161 may affect certain aspects of Genentech v. Celltrion,
`Inc., C.A. No. 18-00574-RMB-KMW (D.N.J.), Genentech v. Celltrion, Inc.,
`C.A. No. 18-11553-RMB-KMW (D.N.J.), and Celltrion, Inc. v. Biogen, Inc.,
`No. 2018-1924 (Fed. Cir.)
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`November 27, 2018
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` /s/ Brian T. Burgess
`Brian T. Burgess
`Counsel for Appellants
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`Case: 18-2160 Document: 49 Page: 5 Filed: 11/27/2018
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`CERTIFICATE OF COMPLIANCE
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`This motion complies with the word limits of Fed. R. App. P. 27(d)(2)(A)
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`because, excluding the parts of the document exempted by Fed. R. App. P. 32(f)
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`and Fed. Cir. R. 27(d), it contains 109 words.
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`This motion complies with the typeface requirements of Fed. R. App. P.
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`27(d)(1)(E) because it has been prepared using Microsoft Word 2010 (Version 14)
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`in 14-point Times New Roman, a proportionally spaced typeface.
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`November 27, 2018
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` /s/ Brian T. Burgess
`Brian T. Burgess
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`5
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`Case: 18-2160 Document: 49 Page: 6 Filed: 11/27/2018
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`CERTIFICATE OF SERVICE
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`I hereby certify that on November 27, 2018, I electronically filed the
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`foregoing with the Clerk of the Court for the United States Court of Appeals for
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`the Federal Circuit using the Court’s CM/ECF system. Counsel for all parties to
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`the case are registered CM/ECF users and will be served by the CM/ECF system.
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` /s/ Brian T. Burgess
`Brian T. Burgess
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`6
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