Eli Lilly and Company v. Teva Parenteral Medicines, Inc., App Pharmaceuticals LLC, Pliva Hrvatska D.o.o.,…

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ELI LILLY AND COMPANY,
Plaintiff-Appellee,
v.
TEVA PARENTERAL MEDICINES, INC., APP
PHARMACEUTICALS LLC, PLIVA HRVATSKA
D.O.O., TEVA PHARMACEUTICALS USA, INC., AND
BARR LABORATORIES, INC.,
Defendants-Appellants.
______________________
2014-1455
______________________
Appeal from the United States District Court for the
Southern District of Indiana in No. 1:10-cv-01376-TWP-
DKL, Judge Tonya Walton Pratt.
______________________
ON MOTION
______________________
Before REYNA, BRYSON, and T ARANTO, Circuit Judges.
BRYSON, Circuit Judge.
O R D E R
The parties jointly move to remand this appeal so that
they can litigate the issue of infringement in light of the
Case: 14-1455 Document: 25 Page: 1 Filed: 07/25/2014

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ELI LILLY AND COMPANY v. TEVA PARENTERAL MEDICINES 2
United States Supreme Court’s recent decision in Lime-
light Networks, Inc. v. Akamai Technologies, Inc., 134 S.
Ct. 2111 (2014). In the district court, the parties jointly
stipulated to induced infringement and proceeded to trial
only on validity. As part of that stipulation, however,
appellants reserved the right to litigate infringement if
the Supreme Court granted the then-pending petition for
writ of certiorari in Akamai and reversed or vacated this
court’s decision.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted. This case is remanded for
further proceedings consistent with this order.
(2) Each side shall bear its own costs.
F OR T HE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s30
ISSUED AS A MANDATE: July 25, 2014
Case: 14-1455 Document: 25 Page: 2 Filed: 07/25/2014

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