Bristol-Myers Squibb Co., et al., v. Merck & Co., Inc., et al., C.A. Nos. 14-1131 – GMS; 15-560-GMS; 15-572-GMS, July 13, 2016.
Sleet, J. Plaintiff’s motion to transfer is denied.
The disputed product is pembrolizumab. This Delaware litigation involves invalidity defenses. There is related litigation in the District of Massachusetts involving an inventorship challenge. That court had ordered plaintiffs in this case to file a motion in Delaware requesting a decision on a transfer motion they had made in Massachusetts. This court finds that transfer under 24 U.S.C. section 1404(a) is permissible and questions whether there is sufficient overlap for the first-filed rule to control. The court finds that the requisite relationship between the Massachusetts and Delaware cases does not exist in order to confer personal jurisdiction over two of the parties. Because this court would not have had personal jurisdiction over two of the parties involved in the transferee forum, transfer under section 1404(a) is improper.