On April 27, 2010, the Company was served with a complaint filed by Celgene Corporation in the United States District Court for the District of Delaware seeking a declaratory judgment that four of the Company’s own patents, claiming the use of romidepsin injection in T-cell lymphomas, are invalid and not infringed by Celgene’s products, but directly involve the use and administration of Celgene’s ISTODAX® (romidepsin for injection) product. On June 17, 2010, the Company filed its answer and counterclaims to the declaratory judgment complaint. The Company has filed counterclaims charging Celgene with infringement of each of its four patents and seeking damages for Celgene’s infringement as well as injunctive relief. The four patents directly involve the use and administration of Celgene’s ISTODAX® (romidepsin for injection) product.
On March 6, 2013, the United States District Court for the District of Delaware “So Ordered” a Stipulation and Order For Stay as to all pending dates on the court’s calendar for a period of 30 days. This stay relates to all proceedings, including the Markman (or claim construction ) hearing previously scheduled for March 14, 2013.
I thought we might get a hint on the stay in the 10K, but they didn't add any information here. I think the stay will expire this Friday, so we may find out something by then. I had looked at the court filing to see if there was any information, but it was redacted. I did notice that there were some filings just previous to the stay that indicated CYCC was going to depose some witnesses. It's possible that the judge granted a stay in anticipation of a possible settlement, but it could also be something as mundane as giving the parties more time to prepare.