Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1 :05-cv-00156-GIVIS Document 64-3 Filed O3/28/2005 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHARMASTEM THERAPEUTICS, INC., a
Delawane corporation,
Civil Action No.:2:04—CV-0356 l —RI<. _
Plaintii‘I§ -
V. I
CORCELL, INC., a Delaware corporation,
MOLLY MCBRIDE, MD, an individual, and 'l 5 6
CARLO M. CROCE, MD, an individual,
Defendants.
CORCELL, INC., a Delaware connotation,
Counterclaim-Plaintili] i
Vi 'Q
PHARMASTEM THERAPEUTICS, INC.,
NICHOLAS DIDIER and STEMBANC, INC.,
Counterclaim— Defendants.
[PROPOSED] ORDER GRANTING PHARMASTEM THERAPEUTICS, INC.'S
MOTION TO DISMISS CORCELL, lNC.'S COUNTERCLAIMS
AND NOW, this __ day of ___, 2004, this Court having considered the Motion
of Pham1aStem Therapeutics, Inc. to Dismiss Co1Ce1l, Inc.`s Counterclaims and CorCell, Inc.‘s
response thereto,
IT IS HEREBY ORDERED AND ADJUDGED as follows:
1. There is not subject matter jurisdiction to support CorCel1, Inc.'s first, second and
third countenclaims against PharmaStem Therapeutics;
2. Co1Cell, Inc. has failed to state a counterclaim against PharmaStem Therapeutics,
Inc. for federal unfair competition pursuant to I5 U.S.C. § lI25(a)
3. CorCelI, Inc. has failed to state a counterclaim against PharmaStem Therapeutics,
Inc. for intentional interference with contractual and economic relationships;
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Case 1:05-cv-OO156—Gl\/IS Document 64-3 Filed O3/28/2005 Page 2 of 2
4. Co1Cell, Inc. has failed to state a counterclaim against Pham·1aStem Therapeutics,
Inc. for commercial disparagementf trade libel;
5. Pham1aStem Therapeutics, lnc.'s Motion to Dismiss is granted.
BY:
Kelly, U.S.D.J.
Q
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