HOLLANDER v. ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC.

Filing 54

ORDER THAT PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJDUICE IS DENIED. DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED. THIS CASE IS DISMISSED WITH PREJUDICE. THIS ORDER IS WITHOUT PREJUDICE TO ANY POTENTIAL CONSTITUTIONAL CHALLENGE TO THE AMERICA INVENTS ACT BROUGHT BY PLAINTIFF AGAINST THE UNITED STATES IN THE UNITED STATES COURT OF FEDERAL CLAIMS. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/10/12. 1/11/12 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BENTLEY A. HOLLANDER,
Plaintiff,
v.
ORTHO-McNEIL-JANSSEN
PHARMACEUTICALS, INC.
Defendant.

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CIVIL ACTION

NO. 10-00836

ORDER
AND NOW, this 10th day of January, 2012, upon consideration of Plaintiff Bentley A.
Hollander’s Motion to Dismiss Without Prejudice (Docket Nos. 45 & 46), Defendant OrthoMcNeil-Janssen Pharmaceuticals, Inc.’s Motion for Judgment on the Pleadings (Docket No. 47),
Defendant’s Notice of Supplemental Authority (Docket No. 48), Plaintiff’s Response in Opposition
to Defendant’s Motion and Reply in Support of his Motion to Dismiss (Docket Nos. 49 & 50),
Plaintiff’s Notice of Supplemental Constitutional Challenge (Docket No. 51), and Defendant’s
Notice of Supplemental Authority (Docket No. 52), it is hereby ORDERED as follows:
1.

Plaintiff’s Motion to Dismiss Without Prejudice (Docket Nos. 45 & 46) is DENIED.

2.

Defendant’s Motion for Judgment on the Pleadings (Docket No. 47) is GRANTED.

3.

This case is DISMISSED WITH PREJUDICE. This Order is without prejudice to
any potential constitutional challenge to the America Invents Act brought by
Plaintiff against the United States in the United States Court of Federal Claims.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.