CoMentis Inc v. Purdue Research Foundation

Filing 80

ORDER granting in part and denying in part 50 Motion for Judgment on the Pleadings. Purdue's motion is granted with respect to Count 9 and denied with respect to Counts 4, 5, 6, and 10. Because the allegations in the Second Amended Complaint preclude recovery under an unjust enrichment theory, Count 9 is dismissed with prejudice. Granting Arun Ghosh's 53 Motion to Dismiss, or in the Alternative, Motion for a More Definite Statement. Counts 7 & 8 are dismissed without prejudice. CoMentis may file an amended complaint curing the issues raised by this Opinion and Order with respect to Counts 7 & 8 by 2/25/2011. Amended Complaint to be filed by 2/25/2011. Signed by Chief Judge Philip P Simon on 1/25/2011 (csi)

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