Medicines Company v. Hospira Inc.

Filing 494

ORDER ADOPTING 444 REPORT AND RECOMMENDATIONS for 181 Motion to Amend/Correct. Signed by Judge Eduardo C. Robreno on 7/19/2011. (lid)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE MEDICINES COMPANY,
Plaintiff,
v.
TEVA PARENTERAL MEDICINES,
INC., et al.,
Defendants.

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CIVIL ACTION
NO. 09-750-ER

O R D E R
AND NOW, this 19th day of July, 2011, upon
consideration of Special Master Vincent J. Poppiti’s Amended
Report and Recommendation (doc. no. 444; DM 2), Plaintiff’s
Objections (doc. no. 451),1 and Defendants APP Pharmaceuticals’
Response to Plaintiff’s Objections (doc. no. 466),2 it is hereby
ORDERED that Special Master Vincent J. Poppiti’s Amended Report

1

Plaintiff’s objections seem to miss the point as the
appropriate analysis is whether Defendant APP’s amended pleadings
are legally sufficient under Therasense, Inc. v. Beckton
Dickinson & Co. to assert unenforceability defenses and
counterclaims for alleged inequitable conduct, not whether APP
will ultimately be able to prove that Medco engaged in the
alleged inequitable conduct with the requisite intent.
2

The Court also reviewed Special Master Vincent J.
Poppiti’s Report and Recommendation (doc. no. 298), Plaintiff’s
Objections (doc. no. 321), and Defendants APP Pharmaceuticals
Response to Plaintiff’s Objections (doc. no. 336), as well as
letters submitted to the Court by Medco.

and Recommendation (doc. no. 444) is ADOPTED and APPROVED.

AND IT IS SO ORDERED.

S/Eduardo C. Robreno
EDUARDO C. ROBRENO, J.

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