Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc.

The thirty-month stay described in 21 U.S.C. § 355(j)(5)(B)(iii) may be extended for one reason and one reason only: “because either party to the action failed to reasonably cooperate in expediting the action.” Because I believe that the majority misapplies the law and misapprehends the facts in affirming the district court, I respectfully dissent.

I

The question here is one of statutory construction, which we review de novo. Although the majority is correct in that a district court’s decision to issue a stay is generally reviewed for abuse of discretion, see, e.g., Cherokee Nation v. United…