Amarin Corp Plc (AMRN)

[lizzy241]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AMARIN PHARMA, INC., AMARIN
PHARMACEUTICALS IRELAND
LIMITED, MOCHIDA
PHARMACEUTICAL CO., LTD.,
Plaintiffs,
v.
HIKMA PHARMACEUTICALS USA INC.,
HIKMA PHARMACEUTICALS PLC, AND
HEALTH NET, LLC,
Defendants.
C.A. No. 20-1630-RGA-JLH
STIPULATION TO SEVER DEFENDANTS HIKMA PHARMACEUTICALS USA INC.
AND HIKMA PHARMACEUTICALS PLC AND ENTER FINAL JUDGMENT
WHEREAS, Plaintiffs Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Ltd.
(“Amarin”) and Mochida Pharmaceutical Co., Ltd. (“Mochida”) (collectively, “Plaintiffs”) filed
their First Amended Complaint against Defendants Hikma Pharmaceuticals USA Inc. and Hikma
Pharmaceuticals PLC (“Hikma”) and Health Net LLC (“Health Net”) on January 25, 2021;
WHEREAS, Hikma filed its Motion to Dismiss the First Amended Complaint on January
27, 2021;
WHEREAS, Health Net filed its Motion to Dismiss the First Amended Complaint on
March 18, 2021;
WHEREAS, this Court granted Hikma’s Motion to Dismiss and denied Health Net’s
Motion to Dismiss on January 4, 2022; and,
Case 1:20-cv-01630-RGA-JLH Document 106 Filed 02/25/22 Page 1 of 4 PageID #: 1832
2
WHEREAS, the parties jointly agree to sever Plaintiffs’ claims against Hikma from the
current case to permit entry of final judgment in Hikma’s favor and permit Plaintiffs to appeal
this Court’s Order dismissing Plaintiffs’ First Amended Complaint against Hikma.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
undersigned attorneys for the respective parties, and subject to the approval of the Court, that
Plaintiffs’ claims against Hikma shall be severed from the current case.
Plaintiffs and Hikma respectfully request that, upon severance of Plaintiffs’ claims
against Hikma, the Court enter final judgment in the form attached to this stipulation to dismiss
Plaintiffs’ claims against Hikma with prejudice, with Plaintiffs and Hikma each bearing their
own costs and fees.
The parties agree that this stipulation is without prejudice to any request/motion by
Health Net to modify the scheduling order in light of the change in circumstances and/or the
severance of all claims against Hikma from the case. Plaintiffs believe no modifications to the
scheduling order are needed at this time.
Case 1:20-cv-01630-RGA-JLH Document 106 Filed 02/25/22 Page 2 of 4 PageID #: 1833
3
Dated: February 25, 2022
FISH & RICHARDSON P.C. PHILLIPS, MCLAUGHLIN & HALL, P.A.
By: /s/ Jeremy D. Anderson By: /s/ John C. Phillips, Jr.
Jeremy D. Anderson (No. 4515)
222 Delaware Ave, 17th Floor
Wilmington, DE 19801
302-652-5070
[e-mail]
Elizabeth M. Flanagan (No. 5891)
Michael Kane
Deanna J. Reichel
FISH & RICHARDSON P.C.
60 South Sixth Street, #3200
Minneapolis, MN 55402
[phone]
Emails: [e-mail],
[e-mail]
[e-mail]
Jonathan E. Singer
FISH & RICHARDSON P.C.
12860 El Camino Real, Suite 400
San Diego, CA 92130
[phone]
[e-mail]
John C. Phillips, Jr. (No. 110)
David A. Bilson (No. 4986)
1200 N. Broom St.
Wilmington, DE 19806
302-655-4200
[e-mail]
[e-mail]
Don J. Mizerk
HUSCH BLACKWELL LLP
120 South Riverside Plaza, Suite 2200
Chicago, IL 60606
[phone]
Dustin L. Taylor
HUSCH BLACKWELL LLP
1801 Wewatta Street, Suite 1000
Denver, CO 80202
[phone]
COUNSEL FOR PLAINTIFFS
AMARIN PHARMA, INC., AMARIN
PHARMACEUTICALS IRELAND
LIMITED, AND MOCHIDA
PHARMACEUTICAL CO., LTD.
COUNSEL FOR DEFENDANT
HEALTH NET, LLC