AMNEAL PHARMACEUTICALS LLC v. RECKITT BENCKISER PHARMACEUTICALS INC. et al

Filing 21

MEMORANDUM AND/OR OPINION ORDER THAT INDIVIOR'S MOTION TO DISMISS (DOC. NO. 10 IN 16-CV-563) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. ALL CLAIMS AGAINST RECKITT BENCKISER PHARMACEUTICALS INC. AND INDIVIOR PLC ARE DISMISSED. AMNE AL MAY FILE AN AMENDED COMPLAINT TO ATTEMPT TO CURE THE DEFICIENCIES IN ITS LANHAM ACT CLAIM WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 1/4/2017. 1/4/2017 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 312 IN 13-MD-2445) (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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IN RE: SUBOXONE (BUPRENORPHINE
HYDROCHLORIDE AND NALAXONE)
ANTITRUST LITIGATION
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THIS DOCUMENT APPLIES TO:
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Amneal Pharmaceuticals LLC v.
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Indivior Inc. et al., 16-cv-563
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MDL NO. 2445
13-MD-2445

ORDER
AND NOW, this 4th day of January, 2017, upon consideration of “Indivior, Inc.’s Partial
Motion to Dismiss Amneal’s Complaint” (Doc. No. 10), the response, reply and sur-reply
thereto, following oral argument, and in accordance with accompanying Memorandum Opinion,
it is hereby ORDERED that Indivior’s motion to dismiss is GRANTED in part and DENIED in
part as follows:
 Amneal’s standalone delay claim relating to the REMS/SSRS process is DISMISSED.
 Amneal’s Lanham Act False Advertising claim (Count 3) is DISMISSED.
 All claims against Reckitt Benckiser Pharmaceuticals Inc. and Indivior PLC are
DISMISSED.
 Amneal may file an amended complaint to attempt to cure the deficiencies in its Lanham
Act claim within thirty (30) days of the date of this Order.
BY THE COURT:
/s/ Mitchell S. Goldberg
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MITCHELL S. GOLDBERG, J.