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Motion to Dismiss › Bristol-Myers Squibb

Kilpatrick

Fifth Circuit rules that defendant did not waive Bristol Myers personal jurisdiction defense

Kilpatrick on

Takeaway: We previously wrote that the Seventh Circuit had become one of the first circuits to address the application of the Supreme Court’s personal jurisdictional holding in Bristol-Myers to class actions, holding that...more

Seyfarth Shaw LLP

Another Court Takes A Bite Out Of Forum Shopping: Plaintiffs Must Bring Nationwide Class Claims Where Defendants Are Incorporated...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more

Carlton Fields

DC Court Weighs Whether Bristol-Myers Squibb Applies To Class Actions In Whole Foods Case

Carlton Fields on

The District of Columbia district court added to the growing collection of orders opining on whether and to what extent the Supreme Court’s decision in Bristol-Myers Squibb applies to class actions....more

Foley & Lardner LLP

District Court Applies Mayo To Treatment Claims But Denies Motion To Dismiss BMS Keytruda Litigation

Foley & Lardner LLP on

The U.S. District Court for the District of Delaware accepted Merck’s arguments that method of treatment patents asserted by BMS against its Keytruda product “touch[] upon a natural phenomenon” such that they should be...more

Morris James LLP

Factual Issues Precludes Dismissal Based On Unpatentable Subject Matter

Morris James LLP on

The patent-in-suit patent claims treatment for lung cancer by using antibodies. Defendants claim that the patent-in-suit offers an administering step akin to the administering step found not to be patent eligible in Mayo....more

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