Regents of the University of Colorado v. Amgen Inc.
ORDER Denying 33 the defendant's motion for partial judgment on the pleadings, by Judge Richard P. Matsch on 4/14/16. (ktera)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 15-cv-02035-RPM
REGENTS OF THE UNIVERSITY OF COLORADO,
ORDER DENYING MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS
The defendant moved for judgment dismissing Count Two of the First Amended
Complaint on the contention that this claim for unjust enrichment is precluded by the
express contract between the parties. As the plaintiff has made clear in response to
that motion, the unjust enrichment claim is in the alternative to the contract claim and is
applicable only if the disputed payment is not royalty income under the contract.
Accordingly, it is
ORDERED that the defendant’s motion for partial judgment on the pleadings is
April 14th, 2016
BY THE COURT:
s/Richard P. Matsch
Richard P. Matsch, Senior Judge
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