Genetic Technologies Limited v. Bristol-Myers Squibb Company, 1-12-cv-00394 (DED August 3, 2012, Order) (MDL Panel).
Tuesday, August 7, 2012
History of Early Settlement Weighs Against Transfer to MDL Panel
The MDL panel denied plaintiff's motion to transfer six actions involving its genetic testing patent to the MDL based in part on plaintiff's litigation and licensing history. "The patent’s litigation history suggests that most actions that have been filed in the past several years have not required significant judicial attention. [Plaintiff] has filed at least nine actions over the course of the past nine years against at least 24 defendants, and only one case has proceeded to claim construction. Recently, an action filed in the Western District of Texas against seven defendants was resolved in a little over a year. . . . Further, [plaintiff] has a fairly extensive licensing history, reportedly issuing licenses for the technology to over 60 entities."