Ferring Pharmaceuticals Inc. et al v. Serenity Pharmaceuticals, LLC et al, No. 1:2017cv09922 - Document 578 (S.D.N.Y. 2019)

Court Description: MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTIONS FOR RELIEF UNDER FEDERAL RULE OF CIVIL PROCEDURE 60(b) denying 569 Motion to Vacate. For the above reasons, Ferring's motion to vacate the Collateral Estoppel Opinion is DENIED. The Clerk is directed to remove the motions at Docket Number 569 from the Court's list of open motions. One further note: the court is distressed to see that the appeal from Judge Sweet's Equitable Esloppel Order - which has some impact o n the upcoming trial in this case - is not on an expedited track. That being so, I am considering, not a postponement of the trial - that is not going to happen - but whether to rule on all issues except those that might be impacted if Judge Sweet 's Equitable Esloppel Order were overturned, and to hold my ruling on those issues pending a decision in the federal Circuit. The pru1ies may feel free to weigh in on that. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2019) (cf)