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Leo Pharma A/S v. Tolmar, Inc., Civ. No. 10-269-SLR (D. Del. Apr. 25, 2012).

Leo Pharma A/S v. Tolmar, Inc., Civ. No. 10-269-SLR (D. Del. Apr. 25, 2012).

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Case 1:10-cv-00269-SLR Document 191 Filed 04/25/12 Page 1 of 2 PageID #: 2723

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

LEO PHARMA A/S, Plaintiff,

v.
TOLMAR, INC., Defendant.

) ) ) ) ) Civ. No. 10-269-SLR ) ) ) )

ORDER
At Wilmington this 25th day of April, 2012, having conferred with counsel; IT IS ORDERED that plaintiff's request that trial on the '013 patent be stayed pending the outcome of the appeal on reexamination to the Board of Patent Appeals and Interferences ("the Board"), a request opposed by defendant, is denied. Although it is impossible to predict with certainty what the Board will decide on appeal, if the '0 13 patent is determined to be invalid, plaintiff has represented that it will appeal that decision to the Federal Circuit, as will any decision by this court be appealed. Likewise, if the '013 patent were to survive reexamination in some form, defendant will continue to challenge validity in this litigation. Because this is a bench trial, the evidence and arguments presented by the parties can be supplemented if need be. Since neither party is willing to abide by the decision of any forum other than the Federal Circuit, this

Case 1:10-cv-00269-SLR Document 191 Filed 04/25/12 Page 2 of 2 PageID #: 2724

court will do what it is supposed to do, try the case.

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