Brigham Young University et al v. Pfizer et al

Filing 910

MEMORANDUM DECISION granting 901 Motion to Strike portions of Plaintiffs' Supplemental Brief re: Inventorship (Docket No. 90 ). Those portions that do not conform to the Court's request for supplemental briefing will be disregarded. Signed by Judge Ted Stewart on 3/20/2012. (rlr)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

BRIGHAM YOUNG UNIVERSITY, and
DR. DANIEL L. SIMMONS,
Plaintiffs,

ORDER ON PFIZER’S MOTION TO
STRIKE PORTIONS OF
PLAINTIFFS’ SUPPLEMENTAL
BRIEF RE: INVENTORSHIP

vs.

PFIZER, INC., et al.,

Case No. 2:06-CV-890 TS

Defendants.

This matter is before the Court on Pfizer’s Motion to Strike Portions of Plaintiffs’
Supplemental Brief Re: Inventorship. At the March 9, 2012, hearing in this matter, the Court
requested supplemental briefing on the effect of two cases—Trovan, Ltd. v. Sokymat SA, Iroro1
and Falana v. Kent State University2—on BYU’s joint inventorship claims. Pfizer has moved to
strike BYU’s supplemental brief on the grounds that it exceeds the scope of the Court’s request.
The Court will grant the Motion to Strike to the extent that BYU’s supplemental brief goes

1

299 F.3d 1292, 1302 (Fed. Cir. 2002).

2

2012 WL 171550 (Fed. Cir. Jan. 23, 2012).
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beyond the boundaries of the Court’s request. The Court will only rely on BYU’s brief to the
extent it is helpful to the Court in addressing the effect of Trovan and Falana. It is therefore
ORDERED that Pfizer’s Motion to Strike Portions of Plaintiffs’ Supplemental Brief Re:
Inventorship (Docket No. 901) is GRANTED. Those portions that do not conform to the Court’s
request for supplemental briefing will be disregarded.
DATED March 20, 2012
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

2