SKOLD v. GALDERMA LABORATORIES, L.P. et al

Filing 57

MEMORANDUM AND ORDER (REVISED ORDER) THAT DEFENDANT GALDERMA S.A.'S MOTION TO DISMISS THE BREACH OF CONTRACT CLAIM IN COUNT FIVE IS GRANTED; COUNT FIVE OF THE COMPLAINT SHALL BE DISMISSED WITH PREJUDICE AS TO DEFENDANT GALDERMA S.A.; DEFENDANTS& #039; GALDERMA LABORATORIES, INC.'S MOTION TO DISMISS THE UNJUST ENRICHMENT CLAIM IN COUNT SIX IS GRANTED; COUNT SIX OF THE COMPLAINT SHALL BE DISMISSED WITH PREJUDICE AS TO DEFENDANT GALDERMA LABORATORIES, INC.; DEFENDANTS' MOTIONS TO DISM ISS THE UNFAIR COMPETITION CLAIM IN COUNT FOUR ARE GRANTED IN PART; TO THE EXTENT THE PLAINTIFF BASES HIS UNFAIR COMPETITION CLAIM ON THE DEFENDANTS' ALLEGED FAILURE TO REVERT THE TRADEMARK TO HIM BASED ON THE TERMS OF THE PARTIES' AGREEMEN T, THE CLAIM IS DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS ON THOSE GROUNDS; THE MOTIONS TO DISMISS THIS CLAIM ARE OTHERWISE DENIED; DEFENDANTS' MOTIONS TO DISMISS FOR FAILURE TO STATE A CLAIM ARE OTHERWISE DENIED; DEFENDANTS' MOTIONS TO STAY ARE DENIED AS MOOT; AND DEFENDANT GALDERMA S.A.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION IS DENIED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 4/17/15. 4/17/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS SKÖLD,
Plaintiff,
v.

CIVIL ACTION

GALDERMA LABORATORIES, L.P.;
GALDERMA LABORATORIES, INC.;
and GALDERMA S.A.,
Defendants.

NO. 14-5280

REVISED ORDER
AND NOW, this 17th day of April, 2015, upon consideration of Defendants Galderma
Laboratories, L.P. and Galderma Laboratories, Inc.’s Motion to Dismiss and Motion to Stay
Pending the Outcome of the Administrative Proceeding [ECF No. 22], Plaintiff Thomas Sköld’s
Response in Opposition thereto [ECF No. 29], and Galderma L.P. and Galderma Inc.’s Reply
[ECF No. 33]; Defendant Galderma S.A.’s Motion to Dismiss and Motion to Stay Pending the
Outcome of the Administrative Proceeding [ECF No. 36], the Plaintiff’s Response in Opposition
thereto [ECF No. 38], and Galderma S.A.’s Reply [ECF No. 46]; the parties’ supplemental briefing
on the Plaintiff’s unfair competition claim [ECF Nos. 54 & 55]; and oral argument on March 19,
2015, and for the reasons provided in the Court’s revised opinion of April 17, 2015 [ECF No. 56],
IT IS ORDERED that:
(1)

Defendant Galderma S.A.’s motion to dismiss the breach of contract claim in Count
Five is GRANTED; Count Five of the Complaint shall be DISMISSED WITH
PREJUDICE as to Defendant Galderma S.A.;

(2)

Defendants’ Galderma Laboratories, Inc.’s motion to dismiss the unjust enrichment
claim in Count Six is GRANTED; Count Six of the Complaint shall be DISMISSED
WITH PREJUDICE as to Defendant Galderma Laboratories, Inc.;

(3)

Defendants’ motions to dismiss the unfair competition claim in Court Four are
GRANTED IN PART; to the extent the Plaintiff bases his unfair competition claim
on the Defendants’ alleged failure to revert the trademark to him based on the terms
of the parties’ agreement, the claim is DISMISSED WITH PREJUDICE as to all
Defendants on those grounds; the motions to dismiss this claim are otherwise
DENIED;

(4)

Defendants’ motions to dismiss for failure to state a claim are otherwise DENIED;

(5)

Defendants’ motions to stay are DENIED AS MOOT; and

(6)

Defendant Galderma S.A.’s motion to dismiss for lack of personal jurisdiction is
DENIED.

BY THE COURT:
/S/WENDY BEETLESTONE, J.
______________________________
WENDY BEETLESTONE, J.