IN THE UNITED STATES DISTRICT COURT

LEO PHARMA A/S,

Plaintiff,

v.

TOLMAR, INC.,

Defendant.

FOR THE DISTRICT OF DELAWARE

) ) ) ) ) Civ. No. 10-269-SLR ) ) ) )

ORDER

At Wilmington this 25th day of April, 2012, having conferred with counsel;

IT IS ORDERED that plaintiff's request that trial on the '013 patent be stayed

pending the outcome of the appeal on reexamination to the Board of Patent Appeals

and Interferences ("the Board"), a request opposed by defendant, is denied. Although it

is impossible to predict with certainty what the Board will decide on appeal, if the '0 13

patent is determined to be invalid, plaintiff has represented that it will appeal that

decision to the Federal Circuit, as will any decision by this court be appealed. Likewise,

if the '013 patent were to survive reexamination in some form, defendant will continue

to challenge validity in this litigation. Because this is a bench trial, the evidence and

arguments presented by the parties can be supplemented if need be. Since neither

party is willing to abide by the decision of any forum other than the Federal Circuit, this

Case 1:10-cv-00269-SLR Document 191 Filed 04/25/12 Page 1 of 2 PageID #: 2723

court will do what it is supposed to do, try the case.

2

Case 1:10-cv-00269-SLR Document 191 Filed 04/25/12 Page 2 of 2 PageID #: 2724