Sanofi-Synthelabo, et al v. Apotex Inc., et al, No. 1:2002cv02255 - Document 481 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER: #98831 Because the stay that Apotex seeks will not simplify the question of damages, which are the only issue remaining in this action, and because of the extremely late stage of the proceedings and the resulting prejudice that Sanofi will suffer in the event of a stay, the motion to stay this litigation pending the PTO's new reexamination of the '265 patent is denied. So Ordered. (Signed by Judge Sidney H. Stein on 4/14/2010) (js) Modified on 4/16/2010 (ajc).