Regents of the University of Colorado v. Amgen Inc.

Filing 46

ORDER Denying 33 the defendant's motion for partial judgment on the pleadings, by Judge Richard P. Matsch on 4/14/16. (ktera)

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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, Plaintiff, v. AMGEN INC., Defendant. _____________________________________________________________________ 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 denied. DATED: April 14th, 2016 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge

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