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Galderma Labs., Inc. v. Medinter US, LLC

United States District Court for the District of Delaware

October 25, 2019, Decided; October 25, 2019, Filed

Civil Action No. 18-1892-CFC-CJB

Opinion

MEMORANDUM OPINION

October 25, 2019

Wilmington, Delaware

/s/ Christopher J. Burke

BURKE, United States Magistrate Judge

In this patent infringement action filed by Plaintiffs Galderma Laboratories, L.P. and Galderma, S.A. (collectively "Galderma" or "Plaintiffs") against Defendants Medinter US LLC, Medinter Ltd. (collectively "Medinter"), Anteco Pharma LLC ("Anteco"), Attwill Medical Solutions, Inc. and Attwill Vascular Technologies LP (collectively "Attwill"), DermAvance Pharmaceuticals, Inc. ("DermAvance") and Medgraft Microtech, Inc. ("Medgraft"), presently before the Court is Defendant Anteco's renewed motion to dismiss for improper venue, filed pursuant to Federal Rule of Civil Procedure 12(b)(3) ("Motion"). (D.I. 36) For the reasons that follow, the Court orders that this Motion be [*2]  GRANTED.

I. BACKGROUND

A. Procedural Background

Plaintiffs filed their initial Complaint on November 29, 2018 against six of the seven current Defendants, including Anteco, alleging infringement of the patents-in-suit. (D.I. 1) On February 22, 2019, Anteco filed a motion to dismiss the claims against it for improper venue. (D.I. 26)

Thereafter, on March 5, 2019, Plaintiffs filed the operative First Amended Complaint ("FAC") against all seven current Defendants. (D.I. 33) Anteco then renewed its motion to dismiss for improper venue by filing the instant Motion on March 18, 2019. (D.I. 36) Briefing on the Motion was completed on May 3, 2019. (D.I. 69)

On July 30, 2019, United States District Judge Colm F. Connolly referred this case to the Court to hear and resolve all pretrial matters, up to and including expert discovery matters. (D.I. 78) Then on September 13, 2019, all parties in the case consented to the Court's jurisdiction to resolve the instant Motion, as well as two other motions that remain pending. (D.I. 85)

B. Factual Background

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2019 U.S. Dist. LEXIS 184608 *; 2019 U.S.P.Q.2D (BNA) 409468

GALDERMA LABORATORIES, L.P. and GALDERMA S.A., Plaintiffs, v. MEDINTER US, LLC, MEDINTER LTD., ANTECO PHARMA, LLC, ATTWIL VASCULAR TECHNOLOGIES LP, ATTWILL MEDICAL SOLUTIONS, INC., DERMAVANCE PHARMACEUTICALS, INC. and MEDGRAFT MICROTECH, INC., Defendants.

Subsequent History: Motion granted by, in part, Motion denied by, in part, Dismissed by, in part Galderma Labs., L.P. v. Medinter US LLC, 2020 U.S. Dist. LEXIS 30096 (D. Del., Feb. 14, 2020)

Motion denied by Galderma Labs., L.P. v. Medinter US, LLC, 2020 U.S. Dist. LEXIS 48741 (D. Del., Mar. 11, 2020)

CORE TERMS

venue, discovery, entity, VEIL, alter ego, DERMA, manufacture, infringement, improper venue, resides, patent, principal place of business, patents-in-suit, venue-related, allegations, injustice