Zanfel Laboratories, Inc. v. Rite Aid Corporation

Filing 11

CERTIFICATION ORDER: The Clerk shall serve a copy of this Certification upon the Attorney General of the United States and the U.S. Attorney for the Western District of Michigan, along with a copy of the complaint and answer; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw)

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ZANFEL LABORATORIES, INC., Plaintiff, v. RITE AID CORPORATION, Defendant. ________________________________________/ CERTIFICATION Pursuant to 28 U.S.C. § 2403(a) and Rule 5.1(b), Federal Rules of Civil Procedure, the court hereby certifies to the Attorney General of the United States that the constitutionality of 35 U.S.C. § 292 has been drawn into question by the pleadings filed in the captioned matter. If the United States elects to intervene pursuant to § 2103(a), it shall do so not later than 60 days after the date of this certification. Rule 5.1(c). The Clerk of the Court is directed to serve a copy of this Certification upon the Attorney General of the United States and the United States Attorney for the Western District of Michigan, and shall attach to the Certification a copy of the Complaint and Answer filed in this matter. IT IS SO CERTIFIED and ORDERED this 22nd day of October, 2008. /s/ Hugh W. Brenneman, Jr. HUGH W. BRENNEMAN, JR. United States Magistrate Judge Case No. 1:08-CV-749 Hon. Gordon J. Quist