Pfizer Inc., et al. v. Mylan Inc., et al., C.A. No. 15-960 – SLR, August 12, 2016.
Robinson, J. Defendants’ motion to dismiss for lack of personal jurisdiction, improper venue, and failure to state a claim is denied in part and stayed in part.
The disputed generic drug in this ANDA case relates to an injectable tigecycline product. The court finds that it does not have general jurisdiction over defendants. Plaintiffs have conceded that in light of the Delaware Supreme Court decision in Genuine Parts, consent is no longer a basis for personal jurisdiction when premised solely on Delaware’s registration statute. Defendant’s ANDA filings constitute formal acts that reliably indicate plans to engage in marketing of generic drugs. It is undisputable that Delaware is a state where defendants will engage in that marketing if the NDA is approved. The court further imputes contacts of the NDA filer defendant to a related corporation and allows jurisdictional discovery as to the two other related defendants. Venue is proper in Delaware.