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

Case 1:05-cv—OOO29—JJF Document 12-2 Filed O3/O9/2005 Page 1 of 1
{N THE UNITED STATES DISTRICT COURT
F OR TIE DISTRICT OF DELAWARE

CEPI·IALON, INC and )
UNIVERSITY OF UTAH )
RESEARCH FOUNDATION, )
)
Plaintiffs, )
v ) Civil Action No 05-29-HF
)
)
BARR LABORATORIES, INC, )
I
Defendant. )

ORDER
WHEREAS, Plaintiffs Cephaion, Inc. and University of Utah Research Foundation
having moved this Court to dismiss Defendants Barr Laboratories, Inc ’s ("Det`endant")
counterclaim for declaratory relief contained in its Answer and Counterclaim dated February l0,
2005, pursuant to Fed R Civ Pr i2(h)(l), 21 USC § 355(j)(5)(C) and 35 U S C § 27l(e)(5)
(I|MOtiOn|I);
WITEREAS, the Court having considered the Motion and having provided Defendant the
opportunity to be heard,
IT IS HEREBY ORDERED that Det`endant‘s counterclaim in the above-captioned action
is DISMISSED with prejudice,
SO ORDERED this day of , 2005
United States District Judge
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