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Acantha LLC v. NuVasive, Inc., 19-cv-10656. (2019)

Court: District Court, E.D. Michigan Number: infdco20190821c50 Visitors: 11
Filed: Aug. 20, 2019
Latest Update: Aug. 20, 2019
Summary: ORDER TERMINATING DEFENDANT'S MOTION TO DISMISS (ECF #12) WITHOUT PREJUDICE MATTHEW F. LEITMAN , District Judge . On March 5, 2019, Plaintiff Acantha LLC filed this patent-infringement action against Defendant NuVasive, Inc. ( See Compl., ECF #1.) NuVasive moved to dismiss the First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ( See Mot., ECF #12.) The Court entered an order on May 8, 2019, in which it provided Acantha an opportunity to file an Amended Complai
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ORDER TERMINATING DEFENDANT'S MOTION TO DISMISS (ECF #12) WITHOUT PREJUDICE

On March 5, 2019, Plaintiff Acantha LLC filed this patent-infringement action against Defendant NuVasive, Inc. (See Compl., ECF #1.) NuVasive moved to dismiss the First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Mot., ECF #12.)

The Court entered an order on May 8, 2019, in which it provided Acantha an opportunity to file an Amended Complaint to address the purported defects in the Complaint. (See Order, ECF #14.) The Court informed the parties that if Acantha filed such an Amended Complaint, it would terminate NuVasive's pending motion to dismiss as moot. (See id.)

Acantha has now filed an Amended Complaint. (See Am. Compl., ECF #16.) And NuVasive has filed a renewed motion to dismiss the Amended Complaint. (See Mot., ECF #17.) Accordingly, the Court TERMINATES AS MOOT AND WITHOUT PREJUDICE NuVasive's initial motion to dismiss (ECF #12).

IT IS SO ORDERED.

Source:  Leagle

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