Free Order on Motion to Dismiss - District Court of Delaware - Delaware

Case 1:06-cv—00741-SLR Document 65 Filed 07/18/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CELGENE CORPORATION, NOVARTIS )
PHARIVIACEUTICALS CORPORATION and )
NOVARITIS PHARMA AG, I
I
Plaintiffs, )
I
v. ) Civ. N0. 06-741-SLR
I
ABRIKA PHARIVIACEUTICALS, INC. and )
ABRIKA PHARIVIACEUTICALS, LLLP, )
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Defendants. )
0 R D E R
At Wilmington this 18th day of July, 2007, having considered plaintiffs' motion for
a voluntary dismissal without prejudice, and the papers submitted in connection
therewith;
IT IS ORDERED that said motion (D.l. 57) is granted, as the court is not
persuaded that the facts of this case warrant an exception to the "tirst filed rule."‘
United States §strict Judge
‘AIthough certainly the facts of this case would justify a healthy degree of
cynicism regarding plaintiffs’ motivation it they oppose an expeditious schedule in the
New Jersey case.