jurisdiction/venue/standing

Magistrate considers several dismissal motions and recommends that they be granted in part and denied in part

Ruth Jackson
December 03, 2008 20:30

In Re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949-JJF-LPS, November 24, 2008. Stark, M.J.  Magistrate recommends denial in part and grants in part several motions to dismiss.   Dismissal of agents for foreign entities that submitted ANDAs denied.  Motions to dismiss...

No controversy exists where plaintiff disclaims interest in patent

Ruth Jackson
December 02, 2008 21:02

3V, Inc. v. CIBA Specialty Chemicals Corp., C. A. No. 06-593-JJF, 06-629-JJF, 06-672-JJF, November 20, 2008. Farnan J.  Court grants plaintiff’s motion to dismiss for lack of subject matter jurisdiction and denies defendant’s motion for leave of court to serve limited discovery...

Court lacks jurisdiction over settlement agreement in the absence of order

Ruth Jackson
November 18, 2008 00:46

Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, November 10, 2008. Robinson, J.  Defendant’s motion to dismiss breach of contract claim is granted and the grant of summary judgment is vacated.In 1996, defendant entered into a settlement agreement with plaintiff’s...

DJ plaintiff's forum-seeking strategy results in dismissal

Ruth Jackson
November 13, 2008 01:13

Innovative Therapies, Inc. v. Kinetic Concepts, Inc., et al., Civ. No. 07-589-SLR/LPS, November 5, 2008. Robinson, J.  Defendants’ motion to dismiss this lawsuit seeking declaratory relief is granted.After reviewing the Report and Recommendation issued July 14, 2008 and the...

Magistrate enters judgment pursuant to Fed.R.Civ.P. 54(b)

Ruth Jackson
October 15, 2008 21:18

Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc., et al., C.A. No. 06-259-MPT, October 3, 2008. Thynge, M.J. Magistrate grants defendants’ motion for judgment pursuant to Fed.R.Civ.P. 54(b) and stays plaintiffs’ invalidity and unenforceability claims and defenses pending disposition...