SHIONOGI IRELAND, LTD. v. UNITED RESEARCH LABORATORIES, INC.

Filing 17

MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION TO DISMISS DEFENDANTS FIRST COUNTERCLAIM (BREACH OF CONTRACT) IS GRANTED. DEFENDANTS COUNTERCLAIM FOR BREACH OF CONTRACT IS DISMISSED. PLAINTIFFS MOTION TO DISMISS DEFENDANTS SECOND COUNTERCLAIM (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING) IS DENIED. PLAINTIFFS MOTION TO DISMISS DEFENDANTS THIRD COUNTERCLAIM (DECLARATORY RELIEF) IS DENIED.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 8/16/11. 8/17/11 ENTERED AND COPIES MAILED, E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHIONOGI IRELAND, LTD. (f/k/a SCIELE
PHARMA IRELAND, LTD.),
Plaintiff,
v.
UNITED RESEARCH LABORATORIES, INC.,
Defendant.

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CIVIL ACTION

NO. 11-2861

ORDER
AND NOW, this 16th day of August, 2011, upon consideration of Plaintiff Shionogi
Ireland, Ltd.’s Motion to Dismiss Defendant United Research Laboratories, Inc.’s Counterclaims
(Docket No. 9); Defendant’s Response in Opposition (Docket No. 12); and Plaintiff’s Reply
Brief (Docket No. 15); it is hereby ORDERED as follows:
1.

Plaintiff’s Motion to Dismiss Defendant’s First Counterclaim (Breach of
Contract) is GRANTED. Defendant’s Counterclaim for Breach of Contract is
DISMISSED.

2.

Plaintiff’s Motion to Dismiss Defendant’s Second Counterclaim (Breach of the
Implied Covenant of Good Faith and Fair Dealing) is DENIED.

3.

Plaintiff’s Motion to Dismiss Defendant’s Third Counterclaim (Declaratory
Relief) is DENIED.
BY THE COURT:

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