Free Motion to Dismiss/Lack of Subject Jurisdiction - District Court of Delaware - Delaware

Case 1:07-cv-00409-SLR

Document 7

Filed 07/26/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

BOSTON SCIENTIFIC CORPORATION and BOSTON SCIENTIFIC SCIMED, INC., Plaintiffs, v. JOHNSON & JOHNSON, INC. and CORDIS CORPORATION, Defendants.

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C.A. No. 07-409-SLR

DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

Defendants in the captioned action hereby respectfully move, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, to dismiss the complaint on the ground that this Court lacks jurisdiction over its subject matter. The basis for the requested relief already is fully set forth in defendants' July 18, 2007 double-captioned opening memorandum in support of their motions to dismiss the complaints in Civil Action Numbers 07-333-SLR and 07-348-SLR. Rather than burden the Court with a new copy of that same brief in this action, defendants simply rely upon, and incorporate herein by reference, that already-filed opening memorandum (D.I. 11 in C.A. No. 07-333-SLR, and D.I. 9 in C.A. No. 07-348-SLR) in support of their motion in this case.

Case 1:07-cv-00409-SLR

Document 7

Filed 07/26/2007

Page 2 of 2

ASHBY & GEDDES /s/ Steven J. Balick __________________________________ Steven J. Balick (I.D. #2114) John G. Day (I.D. #2403) Lauren E. Maguire (I.D. #4261) 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 302-654-1888 Attorneys for Defendants

Of Counsel: David T. Pritikin William H. Baumgartner, Jr. Paul E. Veith Russell E. Cass SIDLEY AUSTIN LLP One South Dearborn Chicago, IL 60603 Telephone: (312) 853-7000 Facsimile: (312) 853-7036 Dated: July 26, 2007
182613.1

Case 1:07-cv-00409-SLR

Document 7-2

Filed 07/26/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

BOSTON SCIENTIFIC CORPORATION and BOSTON SCIENTIFIC SCIMED, INC., Plaintiffs, v. JOHNSON & JOHNSON, INC. and CORDIS CORPORATION, Defendants.

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C.A. No. 07-409-SLR

ORDER

This _______ day of _________________________, 2007, the Court having considered defendants' motion to dismiss for lack of subject matter jurisdiction in the above action, and having concluded that good grounds exist for the requested relief; now therefore, IT IS HEREBY ORDERED that defendants' motion is granted, and that the complaint is dismissed without prejudice.

____________________________________ United States District Judge