Allergan Inc v. Merz Pharmaceuticals LLC et al

Filing 371

ORDER DISMISSING CASE Without Prejudice by Judge Andrew J. Guilford, re Stipulation to Dismiss Case 370 . Case Terminated. Made JS-6. (twdb)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ALLERGAN, INC., a Delaware
Corporation,

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Plaintiff,
v.
MERZ PHARMACEUTICALS, LLC,
a North Carolina corporation, et al.,

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ORDER FOR DISMISSAL
WITHOUT PREJUDICE

MERZ PHARMACEUTICALS, LLC,
a North Carolina limited liability
company, MERZ AESTHETICS, INC.,
a Delaware corporation,
Counterclaimants,

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Assigned for all purposes to
Honorable Andrew J. Guilford

Defendants.

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Case No. SACV11-446 AG (Ex)

v.
ALLERGAN, INC., a Delaware
corporation,
Counterdefendant.

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ORDER FOR DISMISSAL
WITHOUT PREJUDICE

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ORDER

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Upon the parties’ Joint Stipulation for Dismissal without Prejudice, and

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pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii) and 41(c), IT IS

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HEREBY ORDERED that the following claims be dismissed without prejudice:

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(a) The fifth cause of action asserted in Allergan, Inc.’s Third Amended
Complaint, for violation of Lanham Act § 43(a);
(b) The portion of the fourth cause of action asserted in Allergan, Inc.’s Third

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Amended Complaint, for interference with prospective economic advantage based

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on the advertisement of Xeomin; and

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(c) All three causes of action asserted in Merz Pharmaceuticals, LLC’s and
Merz Aesthetics, Inc.’s Second Amended Counterclaim.
SO ORDERED.

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Dated: _October 10, 2012____

Hon. Andrew J. Guilford
United States District Judge

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-1ORDER FOR DISMISSAL
WITHOUT PREJUDICE