motion to strike

Court adopted report and recommendation on issue of inequitable conduct

March 06, 2012 21:26

Wyeth Holdings Corporation, et al. v. Sandoz, Inc., Civil Action No. 09-955-LPS-CJB, March 1, 2012. Stark, J.  Report and recommendation adopted.On February 3, 2012, Magistrate Burke issued a report and recommendation denying plaintiffs’ motion to dismiss defendant’s...

Court Declines to Strike Complaint for Serious Discovery Abuses, But Does Strike Note of Issue and Certificate of Readiness: Wheeler v. HSBC Bank USA, N.A.

James M. Wicks
March 06, 2012 19:59

In a January 20, 2012 decision by Justice Demarest, the court granted in part defendant’s motion to strike, by striking the Note of Issue and Certificate of Readiness, but the court declined to strike the Complaint and dismiss the action for alleged discovery abuses. The case arose out of a...

Rikos v Proctor & Gamble Co (SD Ohio 2012) - Challenge Early, Challenge Hard

Andrew Trask
March 06, 2012 12:50

This week's case is the first known follow-up to the Sixth Circuit's Pilgrim opinion, Rikos v. Proctor & Gamble Co., 2012 U.S. Dist. LEXIS 25104, (S.D. Ohio 2012). In Rikos, the plaintiff sued Proctor & Gamble for allegedly misrepresenting the ability of its product Align to aid in...

The intent prong of inequitable conduct was properly pled

February 10, 2012 20:07

Wyeth Holdings Corporations, et al. v. Sandoz, Inc., Civ. Action No. 09-955-LPS-CJB, February 3, 2012. Burke, M. J.  Report and recommendation denying motion to dismiss or strike counterclaim and affirmative defense of inequitable conduct.Plaintiffs in this ANDA case involving a generic...

Claims in fourth amended complaint survive motion to dismiss

January 24, 2012 23:00

Xpertuniverse, Inc. v. Cisco Systems, Inc., Civil Action No.09-157-RGA, January 20, 2012. Andrews. J.  Defendant’s motion to dismiss certain claims in plaintiff’s fourth amended complaint or, in the alternative, to strike is denied.The court had already granted plaintiff leave...