Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest
E.D. Tex.

Warner Chilcott (US), LLC et al v. Teva Pharmaceuticals USA, Inc. et al, No. 2:15-cv-01471 (E.D. Tex. Feb. 14, 2017)

Denied
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:15-cv-01471, Dkt. No. 125
Decided
February 14, 2017
Judge
Rodney Gilstrap, J. — Marshall
Document
Report and Recommendation
Docket Entry
ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 96 Motion to Dismiss, filed by Mylan Laboratories Limited, Mylan Inc., Mylan Pharmaceuticals, Inc., 121 Report and Recommendations,
Length
1 page

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

WARNER CHILCOTT COMPANY, LLC, §

QUALICAPS CO., LTD., §

§ Case No. 2:15-CV-01471-JRG-RSP Plaintiffs, § (Lead Case)

§

v. Case No. 2:15-CV-01740-JRG-RSP

§

(Member Case)

§ MYLAN PHARMACEUTICALS, INC.,

§

MYLAN LABORATORIES LIMITED,

§

MYLAN, INC.,

§ §

Defendants.

§ §

ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. NO. 121)

Magistrate Judge Payne issued a Report and Recommendation, which recommended denying Mylan’s motion to dismiss for failure to state a claim, lack of personal jurisdiction, and improper venue. See Dkt. No. 121. Given that the Report and Recommendation was filed on January 19, 2017, the parties had until February 2, 2017, to file any objections. Neither party filed an objection, and the time to do so has now passed. See Fed. R. Civ. P. 72(b)(2). Accordingly, the Report and Recommendation is adopted. Mylan’s motion to dismiss, Dkt. No. 96, is DENIED.

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Warner Chilcott (US), LLC et al v. Teva Pharmaceuticals USA, Inc. et al, No. 2:15-cv-01471 (E.D. Tex. Feb. 14, 2017).

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