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KING DRUG COMPANY OF FLORENCE, INC. v. CEPHALON, INC., 2:06-cv-1797 (2015)

Court: District Court, E.D. Pennsylvania Number: infdco20151216928 Visitors: 1
Filed: Dec. 14, 2015
Latest Update: Dec. 14, 2015
Summary: ORDER MITCHELL S. GOLDBERG , District Judge . AND NOW, this 14th day of December, 2015, upon consideration of the "Generic Defendants' Motion to Strike `Fraudulent Patent' Theory from Plaintiffs' Pretrial Memorandum" (Dkt. No. 06-1797, Doc. No. 901; Dkt. No. 06-1833, Doc. No. 498; Dkt. No. 06-2768, Doc. No. 956), which I have construed as a motion to establish the legal standard that will govern Plaintiffs' claims against the Generic Defendants at trial, and the responses thereto, and for
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ORDER

AND NOW, this 14th day of December, 2015, upon consideration of the "Generic Defendants' Motion to Strike `Fraudulent Patent' Theory from Plaintiffs' Pretrial Memorandum" (Dkt. No. 06-1797, Doc. No. 901; Dkt. No. 06-1833, Doc. No. 498; Dkt. No. 06-2768, Doc. No. 956), which I have construed as a motion to establish the legal standard that will govern Plaintiffs' claims against the Generic Defendants at trial, and the responses thereto, and for the reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED that the Generic Defendants' motion is GRANTED, such that Plaintiffs' may not argue a per se theory of liability based on the Generic Defendants' "knowledge of fraud" at trial.

Source:  Leagle

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