AstraZeneca Pharmaceuticals LP et al v. Mylan Pharmaceuticals Inc.

Filing 202

REPORT AND RECOMMENDATION Regarding Motions for Summary Judgment and to Dismiss, and Order on Evidentiary Motions: re (200 in 1:07-cv-00809-JJF-LPS, 178 in 1:07-cv-00805-JJF-LPS, 196 in 1:07-cv-00807-JJF-LPS, 163 in 1:08-cv-00426-JJF-LPS, 175 in 1:07 -cv-00808-JJF-LPS, 200 in 1:07-cv-00811-JJF-LPS, 180 in 1:07-cv-00806-JJF-LPS, 281 in 1:08-md-01949-JJF-LPS, 236 in 1:07-cv-00810-JJF-LPS, 157 in 1:08-cv-00359-JJF-LPS) recommend that MOTION for Summary Judgment of no inequitable conduct be denied; ( 275 in 1:08-md-01949-JJF-LPS) recommend that Defendant Aurobindo Pharma Ltd's Motion for Summary Judgment of No Personal Jurisdiction and For Dismissal for Nonjoinder be denied; (307 in 1:08-md-01949-JJF-LPS, 212 in 1:07-cv-00809-JJF-LPS) recommend that MOTION to Dismiss for Lack of Jurisdiction Over the Person be denied to the extent that it requests dismissal of the action. It is further recommended that, to the extent that Apotex Inc. does not consent to personal jurisdiction in D elaware, the Court transfer the cause of action as to Apotex Inc. to the Southern District of Florida; (277 in 1:08-md-01949-JJF-LPS) recommend that /Aurobindo Pharma USA, Inc.'s Motion for Summary Judgment of Noninfringement and No Subject M atter Jurisdiction be denied; (295 in 1:08-md-01949-JJF-LPS) Defendants' Motion to Exclude Irrelevant and Unreliable Opinions of Plaintiffs' Expert Witness Dr. William R. Roush Pursuant to Federal Rules of Evidence 402, 403, 702 and Daubert is granted in part and denied in part; (292 in 1:08-md-01949-JJF-LPS) MOTION to Exclude the Expert Testimony of Mami Hino is granted; Apotex Inc's request to strike Plaintiffs' exhibit 61 (D.I. 369 ) is denied as moot. --- Plea se note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 12/28/2009. Signed by Judge Leonard P. Stark on 12/11/09. Associated Cases: 1:08-md-01949-JJF-LPS et al.(ntl)