Free Motion to Strike - District Court of Delaware - Delaware

Case 1 :04—cv—00968-GI\/IS Document 68-2 Filed 05/16/2005 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALLERGAN, INC., ALLERGAN SALES,
LLC,
Plaintiffs,
V` Civil Action No. O4-968-GMS
ALCON, INC., ALCON
LABORATORIES, INC., and
ALCON RESEARCH, LTD.,
Defendants.
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO STRIKE
PORTIONS OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Having considered the submissions of the parties, arguments of counsel, and the
record as a whole, Plaintiffs’ Motion to Strike Portions of Defendants’ Motion for
Summary Judgment is GRANTED
The "therapeutically effective," best mode, and solubility enhancing
component/preservative arguments in Alcon’s summary judgment brief are hereby
stricken, and will not be considered by the Court.
IT IS SO ORDERED.
Date United States District Judge
Gregory M. Sleet
60293438.doc