UNITED STATES OF AMERICA et al v. GLAXOSMITHKLINE CONSUMER HEALTHCARE, LP et al
| UNITED STATES OF AMERICA and ALCHEMY ASSET SERVICES, INC. |
| GLAXOSMITHKLINE CONSUMER HEALTHCARE, LP and GLAXOSMITHKLINE, LLC |
| 2:2010cv00680 |
| May 18, 2010 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Robert C. Mitchell |
| Patent |
| 35 U.S.C. ยง 271 |
| Plaintiff |
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Filing
56
ORDER adopting 50 Report and Recommendation as the opinion of the Court and granting 28 Motion to Dismiss 26 First AMENDED COMPLAINT pursuant to Fed.R.Civ.P. 12(b)(6); 52 Motion for Leave to File Second Amended Complaint is denied on grounds of futility, as the proposed amended pleading fails to cure the deficiencies in the first amended complaint, in that, in dereliction of Fed.R.Civ.P. 9(b), the proposed second amended complaint fails to set forth facts with sufficient specificity to support an inference that the defendants acted with intent to deceive the public. Signed by Chief Judge Gary L. Lancaster on 6/17/11. (map)
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Filing
25
ORDER adopting in part 19 Report and Recommendation; Plaintiff has leave to amend complaint within fourteen (14) days, and that application for dismissal of the action may be made if a timely amendment is not forthcoming within that time; If the pl aintiff does not desire to amend, he may file an appropriate notice with the district court asserting his intent to stand on the complaint, at which time an order to dismiss the action would be appropriate. Signed by Chief Judge Gary L. Lancaster on 12/20/10. (map)
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Filing
19
REPORT AND RECOMMENDATION: Recommending that Defendants' 6 Motion to Dismiss Complaint pursuant to Fed.R.Civ.P. 12(b)(6) be granted. Objections to R&R are due by 12/3/2010. Signed by Magistrate Judge Robert C. Mitchell on 11/16/2010. (mlb)
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