Federal Judge Terminates Motion to Amend Judgment…in Cursive

September 21, 2020

Last week, Chief Judge Colleen McMahon of the Southern District of New York made clear that she is through “making findings” in a declaratory judgment action brought by Ferring Pharmaceuticals against Reprise Pharmaceutics and Serenity Pharmaceuticals over the drug desmopressin, taking the unusual step of handwriting on the face of a brief her reasons for terminating a motion to amend the judgment to prepare it for appeal to the Federal Circuit: “I refuse to ‘pretend’ that there is a valid patent to infringe and make findings as though there were one. In fact, I am DONE making findings”.

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