Orbusneich Medical Co. Ltd., BVI et al v. Boston Scientific Corporation

Filing 79

Judge Joseph L. Tauro: ORDER entered granting in part and denying in part 60 Motion to Dismiss; granting in part and denying in part 64 Motion to Strike (Abaid, Kimberly)

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ORBUSNEICH MEDICAL CO., LTD., BVI, and ORBUSNEICH MEDICAL INC., * * * * * * * * * * * ORDER March 18, 2010 TAURO, J. For the reasons set forth in the accompanying Memorandum, this court hereby orders that Plaintiff's Motion to Strike Exhibits A through K to Defendant's Memorandum in Support of Motion to Dismiss [#64] is ALLOWED as to the June 26, 2003, email, the Cervinka Study, and the patent applications contained in Exhibits E, F, G, H, J, and K to the Motion to Dismiss the Non-Patent Claims, but DENIED as to BSC's 2002 Annual Report and the `208 Application contained in Exhibit I to the Motion to Dismiss. Defendant's Motion to Dismiss Plaintiff's Amended Non-Patent Claims Under Rule 12(b)(6) [#60] is ALLOWED as to the unjust enrichment and fraud claims, alleged in Counts V and VII respectively, but DENIED as to all other non-patent claims. IT IS SO ORDERED. /s/ Joseph L. Tauro United States District Judge

Plaintiffs, v. BOSTON SCIENTIFIC CORPORATION, Defendant.

Civil Action No. 09-10962-JLT