Forest Laboratories, Inc. et al. v. Amneal Pharmaceuticals LLC, C.A. No. 14-508 LPS, February 26, 2015.

Burke, M.J.  Magistrate recommends denying defendant’s motion to dismiss for lack of personal jurisdiction in a Report and Recommendation.

Defendant moves to dismiss for lack of personal jurisdiction in this ANDA litigation in light of the decision in Daimler.  In one other Delaware case the court found that compliance with Delaware’s registration statute did not constitute consent to personal jurisdiction.  However, Judge Stark came to the opposite conclusion in another case.  An appeal is pending on that point.  This judge agrees with the reasoning in the previous opinion from Judge Stark and recommends denying the motion to dismiss.  The magistrate further notes that the parties submitted several notices of supplemental authority which go beyond citing supplemental authority and therefore were in violation of District of Delaware Local Rule 7.1.2(b).  He therefore did not consider those submissions.