Friday, September 10, 2010

Delay Attributable to Withdrawn Challenge to Jurisdiction does not Warrant Extension of 30-Month Stay of FDA Approval

The court denied plaintiff's motion to extend the statutory 30-month stay of FDA approval, rejecting plaintiff's suggestion that defendant's unsuccessful and later withdrawn motion to dismiss for lack of personal jurisdiction "unreasonably prolonged the litigation." "While [a defendant's] motion to dismiss was pending for three months before its withdrawal, [plaintiff] has offered no evidence that the mere submission of this motion -- or the limited jurisdictional discovery that the parties conducted -- caused any significant delay in these proceedings. [Plaintiff] has not sought to expedite this litigation."

Bayer Schering Pharma AG et al. v. Sandoz, Inc. et al., 1-08-cv-03710 (NYSD September 2, 2010, Memorandum Opinion & Order) (Gardephe, J.)

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