TEVA PHARMACEUTICALS USA, INC. v. SANDHU et al

Filing 67

MEMORANDUM AND ORDER THAT MOTION TO DISMISS COMPLAINT (DOC. 50) IS GRANTED IN PART AND DENIED IN PART. FURTHER ORDERED TO THE EXTENT THE MOTION SEEKS TO DISMISS COUNT II (CFAA), COUNT X (PROCURING INFORMATION BY IMPROPER MEANS), AND COUNT XI PERMANEN T INJUNCTION IS GRANTED. TO THE EXTENT THE MOTION SEEKS TO DISMISS COUNTS I, III, V, VII AND IX IS DENIED. COUNTS II, X AND XI AS TO DEFENDANT BARINDER SANDHU ARE DISMISSED. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 1/30/18. 1/30/18 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TEVA PHARMACEUTICALS USA, INC.
v.
BARINDER SANDHU, JEREMY DESAI,
APOTEX INC. and APOTEX CORP.

:
:
:
:
:
:

CIVIL ACTION

NO. 17-3031

ORDER
NOW, this 30th day of January, 2018, upon consideration of defendant Barinder
Sandhu’s Motion to Dismiss Complaint (Document No. 50), the plaintiff’s response, and
the defendant’s reply, it is ORDERED that the motion is GRANTED IN PART and
DENIED IN PART.
IT IS FURTHER ORDERED as follows:
1.

To the extent the motion seeks to dismiss Count II (CFAA), Count X

(Procuring Information by Improper Means), and Count XI (Permanent Injunction), it is
GRANTED;
2.

To the extent the motion seeks to dismiss Counts I, III, V, VII, and IX, it is

DENIED; and
3.

Counts II, X, and XI as to defendant Barinder Sandhu are DISMISSED.

/s/ Timothy J. Savage
TIMOTHY J. SAVAGE, J.