Par Pharmaceutical, Inc., et al. v. Breckenridge Pharmaceutical, Inc., et al., C.A. No. 15-486 - SLR, September 10, 2015.
Robinson, J. Defendants’ motion to transfer is denied. Motion to dismiss for lack of jurisdiction after ANDA issued is denied
Instead of applying admittedly neutral Jumara factor arguments, Defendants urge the court to transfer instead based on the singular fact that the Maryland court had rendered a decision on a related patent and, thus, any forum but Maryland should be rejected as an exercise in forum shopping. The court declines to characterize the plaintiffs form choice as forum shopping when defendants’ transfer motion does the same thing. Defendant’s motion to dismiss count III of the complaint claiming the court was divested of jurisdiction once the FDA approved Defendant’s ANDA. No authority was provided in support of that motion and it is denied.