Genzyme Corporation v. Sandoz, Inc.

Filing 59

LETTER ORDER granting 42 Motion to Dismiss Counts III and IV of Sandoz's Counterclaim for Lack of Jurisdiction. Signed by Judge J. Frederick Motz on 3/10/2010. (egs, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND

CHAMBERS OF

J. FREDERICK MOTZ
UNITED STATES DISTRICT JUDGE

101 WEST LOMBARD STREET BALTIMORE, MARYLAND 21201 [phone] [phone] FAX

March 10, 2010 Memo To Counsel Re: Genzyme Corporation v. Sandoz, Inc. Civil No. JFM-09-1750 Dear Counsel: I have reviewed the memoranda submitted in connection with Genzyme Corporation's Motion to Dismiss Counts III and IV of Sandoz's Counterclaim for Lack of Subject Matter Jurisdiction (document 42). I am satisfied that the decision of the Federal Circuit in Janssen Pharmaceutica, N.V. v. Apotex, Inc., 540 F.3d 1353 (Fed. Cir. 2008) is indistinguishable. Accordingly, Genzyme's motion will be granted. Despite the informal nature of this letter, it should be flagged as an opinion and docketed as an order.

Very truly yours, /s/ J. Frederick Motz United States District Judge