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

Case 1 :07-cv-00765-SLR Document 8 Filed 12/17/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BOSTON SCIENTIFIC CORPORATION and )
BOSTON SCIENTIFIC SCIMED, INC., )
)
Plaintiffs, )
) C.A. No. 07-765-SLR
v. )
)
JOHNSON & JOHNSON, INC. and )
CORDIS CORPORATION, )
)
Defendants. )
DEFENDANTS' MOTION TO DISMISS
FOR LACK OF SUBJECT MATTER J URISDICTION
Defendants in the captioned action hereby respectfully move, pursuant to Rule l2(b)(l)
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. ll in C.A. No. O7—333—SLR, and D.I. 9
in C.A. No. 07-348-SLR) in support of their motion in this case.
I Defendants have also moved to dismiss the complaint in Civil Action Number 07-409-SLR on
the same grounds.

Case 1:07-cv-00765-SLR Document 8 Filed 12/17/2007 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 1 150
Wilmington, DE 19899
302-654-1888
Attorneys for Defendants
Of Counsel:
David T. Pritikin
William H. Barungartner, Jr.
Paul E. Veith
Russell E. Cass
SHJLEY Ausrm LLP
One South Dearborn
Chicago, IL 60603
Telephone: (312) 853-7000
Facsimile: (312) 853-7036
Dated: December 20, 2007
1867031

Case 1:07-cv—00765-SLR Document 8-2 Filed 12/17/2007 Page 1 of 1
H\I THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BOSTON SCIENTIFIC CORPORATION and )
BOSTON SCIENTIFIC SCIMED, INC., )
)
Plaintiffs, )
) C.A. No. 07-765-SLR
v. )
)
JOHNSON & JOHNSON, INC. and )
CORDIS CORPORATION, )
)
Defendants. )
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
CHI 4098218v.l

Case 1:07-cv-00765-SLR

Document 8

Filed 12/17/2007

Page 1 of 2

Case 1:07-cv-00765-SLR

Document 8

Filed 12/17/2007

Page 2 of 2

Case 1:07-cv-00765-SLR

Document 8-2

Filed 12/17/2007

Page 1 of 1