UPDATE
Dr. Reddy v Amarin (District of NJ)
#27 Order, Aug 18:
ORDER that Amarin's request for extension to answer the Amended Complaint is granted; It shall respond to the Complaint within 30 days of the filing of the Consolidated Amended Complaint in the related purchaser suits.
#26 Letter, Aug 5:
Dear Judge Quraishi:
This firm, together with Covington & Burling LLP, represents Defendants Amarin Pharma, Inc., Amarin Pharmaceuticals Ireland Limited, and Amarin Corporation PLC (collectively, the “Amarin Defendants” or “Amarin”) in the above-captioned case. Pursuant to Your Honor’s July 16, 2021 Letter Order (Dkt. 21), the parties write jointly to provide their respective positions regarding the status of their efforts to coordinate briefing on the motion to dismiss in this and the related class action lawsuits against Amarin.
Amarin’s Position:
On July 13, Amarin requested that Your Honor extend Amarin’s deadline to respond to Plaintiff Dr. Reddy’s Laboratories Inc.’s (“DRL”) Complaint in order to allow sufficient time for the parties and the Court to consider a potential alignment of the motion to dismiss briefing in the class action suits related to the above-captioned case. Dkt. 19. Your Honor granted Amarin’s request on July 16, and entered an order extending Amarin’s deadline to respond to DRL’s Complaint to August 19. Dkt. 21.
Amarin’s current deadline to respond to DRL’s Complaint is August 19, 2021. Dkt. 21. As Amarin previously stated in its letter to Your Honor, Amarin believes it would serve judicial efficiency and conserve the parties’ resources to align the complaint response date in this case with the response date in the related class action cases. Accordingly, Amarin respectfully requests that Your Honor enter an Order providing that Amarin shall answer, move, or otherwise respond to DRL’s Complaint either (a) by September 15, 2021, if the plaintiffs in the consolidated indirect purchaser cases (Civil Action No. 21-12061) file their Consolidated Amended Complaint by August 13, 2021, or (b) within 30 days of the filing of the Consolidated Amended Complaint, in the event that such complaint is filed after August 13, 2021.
DRL’s Position:
DRL, as stated in our prior correspondence to the Court on July 14, Dkt. 20, is eager to proceed with its case expeditiously given the harm it continues to suffer by Amarin’s foreclosure of generic competition to its drug Vascepa. Amarin’s deadline to respond has already been delayed twice. See Dkt. 12, 21. While we are concerned about additional delay in responding to our Complaint, which was filed on April 27, we are willing to agree to another extension to Amarin’s date to respond in light of the Court’s recent Order in the class action cases.
In particular, we are amenable to moving that date back to September 15 to align with the date for Amarin to respond to or to move to dismiss the consolidated class complaints. This date is premised on the direct and indirect purchasers filing consolidated amended complaints by August 13, which is beyond DRL’s control. However, if consolidated amended complaints are not filed by that date, we request that Amarin’s deadline to respond to our Complaint remain set for September 15 to avoid further delay. We also request that the briefing schedule follow the one that DRL and Amarin had previously negotiated: four weeks for oppositions and three weeks for any reply brief. Dkt. 12. We appreciate the Court’s consideration of our position.
