Millennium Pharmaceuticals, Inc. v. Pharmascience Inc. et al., C.A. No. 15-702 - GMS, June 10, 2016.

Sleet, J. Defendant PSI’s motion to dismiss the complaint for lack of personal jurisdiction is denied. Defendant PSL’s motion to dismiss the complaint for lack of personal jurisdiction and for failure to state a claim is granted.

Defendant Pharmascience Inc. (“PSI”) sent a paragraph IV letter to plaintiff, a Delaware corporation, in this ANDA case regarding the generic version of VELCADE® (bortezomib). PSI is a Canadian company with a principal place of business in Montreal, the ANDA letter was submitted in Maryland and the paragraph IV letter was sent to Massachusetts. The court finds there is specific personal jurisdiction in Delaware based upon the Acorda Federal Circuit decision even though there are no additional contacts with Delaware besides the ANDA filing. However, with respect to defendant Pharmascience Laboratories (“PSL”), plaintiff fails to assert PSL has any contacts by which it is at home in this state. There is no assertion that it is incorporated or registered to do business in the state. The motion to dismiss PSL in the absence of asserting a basis for general or specific jurisdiction is granted.