Bayer Schering Pharma AG et al v. Sandoz, Inc. et al
| Bayer Schering Pharma AG and Bayer Healthcare Pharmaceuticals, Inc. |
| Sandoz, Inc., Watson Pharmaceuticals, Inc. and Watson Laboratories, Inc. |
| 1:2008cv03710 |
| April 18, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Paul A. Crotty |
| Patent |
| 28 U.S.C. ยง 1331 Fed. Question: Other |
| Plaintiff |
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Filing
190
MEMORANDUM OPINION & ORDER re:#100835 (87 in 1:08-cv-08112-PGG-JCF) MOTION to Dismiss and (152 in 1:08-cv-03710-PGG -JCF) MOTION to Dismiss and Notice of Motion to Dismiss Sandoz's Amended Antitrust Counterclaims. For the reasons stated a bove, Bayer's motions to dismiss the Fourth Amended Counterclaim in the Yasmin action (08 Civ. 3710) and the Fifth Amended Counterclaim in the Yaz action (08 Civ. 8112) are granted. In light of this Court's earlier dismissal with leave to re- plead, these counterclaims are now dismissed without leave to re-plead. The Clerk of the Court is directed to terminate the motions (Yasmin (08 Civ. 3710) Dkt. No. 152; Yaz (08 Civ. 8112) Dkt. No. 87). (Signed by Judge Paul G. Gardephe on 9/28/2011) Filed In Associated Cases: 1:08-cv-03710-PGG -JCF, 1:08-cv-08112-PGG-JCF(cd) Modified on 9/28/2011 (jab).
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Filing
161
MEMORANDUM OPINION AND ORDER. For the reasons stated above, Defendant's 78 MOTION for Judgment on the Pleadings is GRANTED. Bayer's patent infringement claims are dismissed with prejudice. The Clerk of the Court is directed to terminate Defendants' motion. (Docket No. 78). (Signed by Judge Paul G. Gardephe on 9/28/10) (djc)
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Filing
160
MEMORANDUM OPINION AND ORDER, #99372 that Bayer's motion to extend the statutory thirty month stay pursuant to 21 U.S.C. § 355G)(5)(B)(iii) is DENIED. The Clerk of the Court is directed to terminate the motion. (Docket No. 79). (Signed by Judge Paul G. Gardephe on 9/2/10) (pl) Modified on 9/2/2010 (pl). Modified on 9/2/2010 (ajc).
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Filing
119
MEMORANDUM OPINION AND ORDER: For the reasons stated, Bayer's motions to dismiss are GRANTED. Sandoz's counterclaims for malicious prosecution are dismissed without leave to replead. Sandoz's counterclaims for monopolization, conspirac y to monopolize, conspiracy in restraint of trade, New York common law unfair competition, and tortious interference with prospective economic advantage are dismissed with leave to amend. Any amended complaint is to be filed by April 8, 2010. The Clerk of the Court is directed to terminate the motions. [08 Civ. 3710: Docket No. 27; 08 Civ. 8112: Docket No. 21] (Signed by Judge Paul G. Gardephe on 3/29/2010) Filed In Associated Cases: 1:08-cv-03710-PGG-JCF, 1:08-cv-08112-PGG-JCF(jfe)
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