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Allergan United States, Inc. v. Prescribers Choice, Inc.

United States District Court for the Central District of California, Southern Division

January 11, 2019, Decided; January 11, 2019, Filed

Case No.: 8:17-cv-01550-DOC-JDE

Opinion

 [*1094]  ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT, AND DENYING AS MOOT PLAINTIFF'S MOTION TO AMEND COMPLAINT [88], [94], [130]

Before the Court is Plaintiff Allergan USA, Inc.'s ("Plaintiff" or "Allergan") Motion for Partial Summary Judgment and for Summary Judgment ("Allergan Motion") (Dkt. 94) and Defendants Prescriber's Choice, Inc. ("Prescriber's Choice") and Sincerus Florida, LLC's ("Sincerus" and together [**2]  with Prescriber's Choice, "Defendants") Motion for Partial Summary Judgment ("Defs. Mot.") (Dkt. 88). The Court heard oral arguments on January 10, 2019.

I. Request for Judicial Notice

Allergan requests that the Court take judicial notice of five FDA documents, Exhibits  [*1095]  A through E of the Allergan Request for Judicial Notice ("Allergan RJN") (Dkt. 94-3), including:

… Exhibit A, FDA, Compounding and the FDA: Questions and Answers, which is available on FDA's website;

… Exhibit B, FDA, Bulk Drug Substances Used in Compounding, which is available on FDA's website;

… Exhibit C, FDA, Information Concerning Outsourcing Facility Registration, which is available on FDA's website;

… Exhibit D, FDA, Guidance for Industry: Interim Policy on Compounding Using Bulk Drug Substances Under Section 503B of the Federal Food, Drug, and Cosmetic Act, which is available on FDA's website; and

… Exhibit E, FDA, 2018 Compounding Policy Priorities Plan, which is available on FDA's website.

Allergan RJN Exs. A-E. Defendants request that the Court take judicial notice of one document, Exhibit 1 of the Defendants' Request for Judicial Notice ("Defs. RJN") (Dkt. 90):

… Exhibit 1, the Form 10-Q quarterly report for the quarter ending [**3]  on September 30, 2018, filed by Allergan plc on October 31, 2018 with the United States Securities and Exchange Commission.

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364 F. Supp. 3d 1089 *; 2019 U.S. Dist. LEXIS 40849 **

ALLERGAN USA, INC., Plaintiff, vs. PRESCRIBERS CHOICE, INC ET AL., Defendants.

Prior History: Allergan United States, Inc. v. Prescriber's Choice, Inc., 2018 U.S. Dist. LEXIS 221985 (C.D. Cal., July 16, 2018)

CORE TERMS

Prescriber's, compounded, bulk, customers, outsourcing, clinical, Interim, advertising, manufacture, literally, patient, ingredients, compliance, partial, notice, registered, shortage, dermatologists, pharmaceutical, deceptive, unfair, injunctive, consumers, platform, earnout, genuine, website, declaratory, exemptions, memorandum