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In re Kudco Ireland Ltd.
Citation: 358 F. App'x 149Docket: Misc. No. 921
Court: Court of Appeals for the Federal Circuit; December 15, 2009; Federal Appellate Court
KUDCo Ireland Limited and Schwarz Pharma, Inc. petitioned for a writ of mandamus to compel the United States District Court for the District of New Jersey to expedite adjudication of their case. KUDCo is a defendant in consolidated lawsuits from 2004 filed by Altana Pharma AG and Wyeth. After the district court denied a preliminary injunction on September 6, 2007, two co-defendants began selling products "at risk," but KUDCo sought a prompt trial, resulting in the court setting a trial date for April 5, 2010—three months before the relevant patent expires. The court emphasized that mandamus is an extraordinary remedy, only available to correct a clear abuse of discretion or usurpation of judicial power. KUDCo argued that the district court erred in weighing various concerns, including its right to a prompt trial. However, the court noted that scheduling is at the district court's discretion, which is part of its inherent authority. KUDCo did not demonstrate a clear abuse of discretion or that the district court obstinately refused to adjudicate the matter. As a result, the petition for a writ of mandamus was denied.