In this patent infringement action, Watson Laboratories, Inc.’s (“Watson”) moved to dismiss several counts of the complaint filed by Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited (collectively, “Jazz”). Watson moved to dismiss these counts under Federal Rule of Civil Procedure 12(b)(6) on the grounds that the “Risk Mitigation Patents” claim ineligible subject matter under 35 U.S.C. § 101.
Before ruling on the motions, the district court noted that Petitions for Inter Partes Review (“IPR”) under 35 U.S.C. §§ 311-19 had been filed concerning the Risk Mitigation Patents. “These Petitions ask the U.S. Patent and Trademark Office’s Patent Trials and Appeals Board (“PTAB”) to institute IPR review and cancel all claims of the Risk Mitigation Patents under 35 U.S.C. § 103.”
Because of the IPRs, the district court declined to address the motion to dismiss. Over Watson’s objection, the district court determined that it was more efficient to administratively terminate the motion to dismiss. “Pursuant to a status conference with the parties on November 3, 2015, and further in the Court’s discretion and interest to efficiently manage its docket, it is hereby ORDERED that Watson’s motion to dismiss is ADMINISTRATIVELY TERMINATED over Watson’s objection, with leave to re-file at a date to be determined by the Court after the PTAB resolves the pending IPR petitions.”
Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC, Case No. 13-391 (ES) (JAD) (D.N.J. Nov. 3, 2015)
The authors of www.PatentLawyerBlog.com are patent trial lawyers at Jeffer Mangels Butler & Mitchell LLP. For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com.