Turek v. Merck & Co., Inc. et al
Morris Turek |
Merck & Co., Inc. and Schering-Plough Healthcare Products Inc |
3:2010cv00907 |
November 10, 2010 |
US District Court for the Southern District of Illinois |
East St. Louis Office |
XX US, Outside State |
Michael J. Reagan |
Donald G. Wilkerson |
Patent |
28 U.S.C. ยง 1331 |
Plaintiff |
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Filing 32 ORDER granting in part and denying in part 16 Motion to Dismiss; denying 17 Motion to Change Venue. The Court GRANTS Defendants' motion to dismiss for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction but DENIES without prejudice the motion as to the constitutionality of 35 U.S.C. § 292. The Court DENIES Defendants' motion to transfer venue without prejudice to refiling after Plaintiff amends his complaint. Plaintiff shall file an amended complaint by July 5, 2011. Failure to file an amended complaint by this deadline WILL RESULT in dismissal of this action. Plaintiff is ORDERED to serve a copy of his amended complaint, along with a copy of this Memorandum and Order, upon the United States Attorney for the Southern District of Illinois.Signed by Judge Michael J. Reagan on 6/20/11. (caa) |
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