ACORDA THERAPEUTICS, INC. and ALKERMES PHARMA IRELAND LIMITED, Plaintiffs, V
Page 1 ACORDA THERAPEUTICS, INC. and ALKERMES PHARMA IRELAND LIMITED, Plaintiffs, v. MYLAN PHARMACEUTICALS INC. and MYLAN INC., Defendants. Civil Action No. 14-935-LPS UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE 2015 U.S. Dist. LEXIS 4056 January 14, 2015, Decided January 14, 2015, Filed COUNSEL: For Plaintiffs: Jack B. Blumenfeld and have moved to dismiss the complaint filed against them Maryellen Noreika, MORRIS, NICHOLS, ARSHT & by Plaintiffs Acorda Therapeutics, Inc. ("Acorda") and TUNNELL, LLP, Wilmington, DE; Aaron Stiefel, Daniel Alkermes Pharma Ireland Limited ("Alkermes" and, P. DiNapoli, Benjamin C. Hsing, and Soumitra Deka, together with Acorda, "Plaintiffs"). (D.I. 10) Defendants KAYE SCHOLER, LLP, New York, NY; Sylvia M. bring their motion pursuant to Federal Rule of Civil Becker [*1] , KAYE SCHOLER, LLP, Washington, DC; Procedure 12(b)(2), asserting a lack of personal Anthony Michael, ACORDA THERAPEUTICS, INC., jurisdiction. Specifically, Mylan contends that the Ardsley, NY. Supreme Court's recent decision [*2] in Daimler AG v. Bauman, 134 S. Ct. 746, 187 L. Ed. 2d 624 (2014), has For Defendants: Mary B. Matterer and Richard K. resulted in the District of Delaware lacking general Herrmann, MORRIS JAMES, LLP, Wilmington, DE; jurisdiction over Mylan in this (and likely all)1 Timothy H. Kratz, George J. Barry III, Karen L. Carroll, Abbreviated New Drug Application ("ANDA") lawsuits. and Brie L.B. Buchanan, MCGUIREWOODS, LLP, Mylan further contends that its relationship with Atlanta, GA; Cedric C.Y. Tan, MCGUIREWOODS, Delaware and with this litigation does not support the LLP, Washington, DC. exercise of specific jurisdiction. JUDGES: Leonard P.
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