BASF Agro B.V. v. Cipla Ltd.

Full title: BASF AGRO B.V., MERIAL LIMITED, and MERIAL SAS, Plaintiffs, v. CIPLA…

Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

Date published: Mar 22, 2012

CASE NO. 3:07-CV-125 (CDL) (M.D. Ga. Mar. 22, 2012)

Opinion

CASE NO. 3:07-CV-125 (CDL)

03-22-2012

BASF AGRO B.V., MERIAL LIMITED, and MERIAL SAS, Plaintiffs, v. CIPLA LIMITED, et al., Defendants, VELCERA, INC. and FIDOPHARM, INC., Interveners.

CLAY D. LAND

ORDER

Interveners Velcera, Inc. and FidePharm, Inc. (collectively "Velcera") seek clarification of this Court's June 21, 2011 Order. (ECF Nes. 148 & 149). Specifically, they seek guidance as to the meaning of two separate parts of the Court's Order when read together. The first part of the Order that is in question enjoined Velcera from:

selling, causing to be sold, offering for sale, and causing to be offered for sale in the United States veterinary products for which Cipla participated in the development, manufacture, and/or packaging, which products contain fipronil and methoprene, regardless of brand name, including but not limited to the veterinary products Protektor Plus, PetArmor Plus, TrustGard Plus, and Velcera Fipronil Plus.

Order 47-48, June 21, 2011, ECF No. 75.

The second pertinent part of the Order reads as follows: "The Court intends to limit the specific injunctive relief against Velcera to its conduct in concert with Cipla." Id. at 48 n.11 (citing Additive Controls & Measurement Sys., Inc. v. Flowdata, Inc., 96 F.3d 1390, 1395-96 (Fed. Cir. 1996)).

Reading these two provisions in the Order together and in context with the entire Order, the Court finds that the meaning of the Court's Order is clear:

From the date of the Court's June 21, 2011 Order going forward, Velcera is enjoined from selling, causing to be sold, offering for sale, and causing to be offered for sale in the United States veterinary products that it has developed, manufactured, and/or packaged in concert with Cipla, which products contain fipronil and methoprene, regardless of brand name, including but not limited to the veterinary products Protektor Plus, PetArmor Plus, TrustGard Plus, and Velcera Fipronil Plus.

See Order 47-48 & n.11, June 21, 2011, ECF No. 75.

The Court declines to issue an advisory opinion as to whether Velcera's planned product violates the Court's Order. See Pac. & S. Co. v. Duncan, 792 F.2d 1013, 1015 (11th Cir. 1986) (declining to issue an advisory opinion as to the future possibility that the enjoined party may wish to engage in certain conduct).

IT IS SO ORDERED, this 22nd day of March, 2012.

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CLAY D. LAND

UNITED STATES DISTRICT JUDGE