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Judge Noreika Grants Defendants’ Motion to Dismiss Plaintiff’s Antitrust Claims for Failure to State a Claim

By Fox Rothschild LLP on February 15, 2019
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By Memorandum Opinion entered by The Honorable Maryellen Noreika in Prescient Medicine Holdings, LLC v. Laboratory Corp. of America Holdings, et al., Civil Action No. 18-600-MN (D.Del. February 14, 2019), the Court granted Defendants’ motion to dismiss all claims of the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) after finding that Plaintiff failed to allege sufficient facts to assert its antitrust claims.

In its Complaint, Plaintiff alleged that Defendants conspired to exclude Plaintiff from providing laboratory testing services to the Delaware market in violation of Sections 1 and 2 of the Sherman Act and Section 16 of the Clayton Act. Id. at *1. In response, Defendants filed a motion to dismiss all claims of the Complaint pursuant to Federal Rule of Civil Procedure Rule 12(b)(6). Id. Specifically, Defendants argued that Plaintiff’s alleged antitrust claims failed because they did not plead sufficient facts to show antitrust standing and a relevant market. Id. at *3.

Upon review, the Court agreed that Plaintiff’s Complaint did not plead sufficient facts to show the threshold requirement of antitrust standing and relevant market. Id. at *3-12. Accordingly, the Court granted Defendants’ motion to dismiss the federal antitrust claims and also dismissed Plaintiff’s accompanying state law claims after refusing to exercise supplemental jurisdiction over those claims because it had dismissed the federal antitrust claims over which it had original jurisdiction. Id.

A copy of the Memorandum Opinion is attached.

  • Posted in:
    Antitrust, Competition and Trade
  • Blog:
    Delaware Intellectual Property Litigation
  • Organization:
    Fox Rothschild LLP

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