Version2 Technology, Inc. v. NeilMed Pharmaceuticals, Inc.

Justia Dockets & Filings Ninth Circuit California Northern District Version2 Technology, Inc. v. NeilMed Pharmaceuticals, Inc.

Version2 Technology, Inc. v. NeilMed Pharmaceuticals, Inc.

Plaintiff:	Version2 Technology, Inc.
Defendant:	NeilMed Pharmaceuticals, Inc.
Case Number:	3:2016cv04720
Filed:	August 17, 2016
Court:	US District Court for the Northern District of California
Office:	San Francisco Office
County:	Marin
Presiding Judge:	Laurel Beeler
Nature of Suit:	Antitrust
Cause of Action:	15 U.S.C. § 2
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 31, 2017	Filing 63 STIPULATION OF DIMISSAL AND ORDER DISMISSING CASE signed by Judge Laurel Beeler on 3/31/2017. (rxmS, COURT STAFF) (Filed on 3/31/2017)
November 9, 2016	Filing 29 ORDER granting 10 Motion to Strike ; granting 14 Motion to Dismiss. The attached order grants both motions. NeilMed's state-court lawsuit constitutes First Amendment petitioning that falls within the compass of NoerrPennington immunity. Version2 has not plausibly alleged that the state-court suit is a "sham" within the meaning of the NoerrPennington doctrine. The court thus dismisses the present complaint with prejudice except that it grants Version2 leave to amend its co mplaint for the sole purpose of clarifying how Claims II and III "implicate" federal patent law in a way that allows them to avoid the California anti-SLAPP statute. The court thus denies without prejudice NeilMed's present anti-SLAPP motion Before setting a deadline for Version2's amended complaint, the court will hold a case-management conference, and now sets that conference for December 1, 2016 at 11:00 a.m. The parties must file a joint case-management statement by November 22, 2016, that addresses the parties' proposed next steps.(Beeler, Laurel) (Filed on 11/9/2016)

Date Filed

Document Text

March 31, 2017

Filing 63 STIPULATION OF DIMISSAL AND ORDER DISMISSING CASE signed by Judge Laurel Beeler on 3/31/2017. (rxmS, COURT STAFF) (Filed on 3/31/2017)

November 9, 2016

Filing 29 ORDER granting 10 Motion to Strike ; granting 14 Motion to Dismiss. The attached order grants both motions. NeilMed's state-court lawsuit constitutes First Amendment petitioning that falls within the compass of NoerrPennington immunity. Version2 has not plausibly alleged that the state-court suit is a "sham" within the meaning of the NoerrPennington doctrine. The court thus dismisses the present complaint with prejudice except that it grants Version2 leave to amend its co mplaint for the sole purpose of clarifying how Claims II and III "implicate" federal patent law in a way that allows them to avoid the California anti-SLAPP statute. The court thus denies without prejudice NeilMed's present anti-SLAPP motion Before setting a deadline for Version2's amended complaint, the court will hold a case-management conference, and now sets that conference for December 1, 2016 at 11:00 a.m. The parties must file a joint case-management statement by November 22, 2016, that addresses the parties' proposed next steps.(Beeler, Laurel) (Filed on 11/9/2016)

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Plaintiff: Version2 Technology, Inc.
Represented By:	David Christopher Fortney
Represented By:	Darius C. Ogloza
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Defendant: NeilMed Pharmaceuticals, Inc.
Represented By:	Michael Andrew Taitelman
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