Академический Документы
Профессиональный Документы
Культура Документы
SEPRACOR INC.,
Plaintiff,
Defendants.
MEMORANDUM OPINION
/
JUly~, 2010
Wilmington, Delaware.
Fa~?:~
Pending before the Court is a Motion For Leave To File An
and Dey, Inc. oppose the instant Motion. (D.l. 400.) For the
I. BACKGROUND
pending action.
1
Defendants were the first to file an ANDA for the 0.5 ml
product from the FDA on March 20, 2009. Defendants began selling
2009. A third party was the first to file an ANDA for the 3ml
dosage has not been sold, and Defendants are not eligible to sell
394.)
2
(See D.l. 311.) A Pretrial Conference was scheduled for
the parties.
plaintiff may amend only with leave of the court or the written
115 (3d Cir. 2000) (citing Fed. R. Civ. P. 15(a)). The decision
Foman v. Davis, 371 U.S. 178, 182 (1962) i however, leave to amend
Arco Chern. Co., 921 F.2d 484, 487 (3d Cir. 1990). Thus, leave to
III. DISCUSSION
3
would allow Defendants' parent companies to be added as parties
claims.
action. Mylan was not added as a party when this suit was
2 .)
4
may add Mylan as a party to the instant action based on its
the Court is not persuaded that the addition of Mylan will unduly
which concern both the 3 ml and 0.5 ml dosages, from the damages
that the liability claims are presently ready for trial, and
5
issues. Because a damages trial may not be needed, depending on
Ciena Corp. v. Corvis Corp., 210 F.R.D. 519, 521 (D. Del. 2002)
Digene Corp., Civ. No. 02-212-JJF, 2003 U.S. Dist. LEXIS 10202
(D. Del. June 10, 2003). Although the Court has discretion in
Rec. Indus., Civ. No. 01-7158, 2004 U.S. Dist. LEXIS 785, *4-5
(E.D. Pa. Jan 15, 2004) (citing Real v. Bunn-O-Matic Corp., 195
F.R.D. 618, 620 (N.D. Ill. 2000)). The party moving for
6
appropriate. See Id. at *4i see also Princeton Biochemicals,
needed for the amended claims will not cause undue delays, and
parties and the Court will be best served by trying this case in
7
Pty. Ltd., 2002 WL 1352426, *3 (D. Minn. Mar. 20, 2002) i Herman
1998) .
IV. CONCLUSION
Supplemental Complaint And Demand For Jury Trial (D.I. 394) will
denied.
8
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SEPRACOR INC.,
Plaintiff,
Defendants.
o R D E R
bifurcation is DENIED.