By Memorandum Order entered by The Honorable Leonard P. Stark in UCB, Inc., et al. v. Watson Laboratories, Inc. et al., Civil Action No. 14-1083-LPS-SRF (D.Del., May 19, 2017), the Court denied Defendants’ motion for reargument of its Order entered on December 5, 2016, in which the Court denied Plaintiffs’ request for a stay, but ordered Defendants liable for the costs of the litigation from that point forward if either (a) their Abbreviated New Drug Application (“ANDA”) was rejected due to the major deficiencies identified by the FDA or (b) they changed the ANDA formulation in contradiction of the repeated representations to the Court that no such alteration is required.
The Court explained that it denied the motion for reargument for a couple reasons. First, Defendants failed to comply with their obligation to meet and confer with Plaintiffs before filing their motion. Id. at *2. Second, Defendants failed to meet their burden to demonstrate that reargument of the Court’s prior Order was appropriate. Id. Defendants did not point to any change in the controlling law or any new evidence, and defendants’ contentions that the Court made a decision outside of the issues presented by the parties, committed a clear error of law, and created manifest injustice were found to be incorrect. Id. at *2-4.
A copy of the Memorandum Order is attached.
The general takeaway is that motions for reargument are sparingly granted by Courts and, when they are, the movant was able to convince the Court that granting reargument is appropriate because of some intervening change in the controlling law, some new evidence not available at the time the Court made its decision, or there was a need to correct some clear error of law or fact to prevent manifest injustice.