Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:07-cv-00818-GMS-LPS

Document 8

Filed 12/18/2007

Page 1 of 2

Case 1:07-cv-00818-GMS-LPS

Document 8

Filed 12/18/2007

Page 2 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

SCIELE PHARMA, INC. and SCIELE PHARMA CAYMAN LTD., Plaintiffs, v. MYLAN PHARMACEUTICALS, INC. and MYLAN LABORATORIES, INC.,

Defendants.

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Civil Action No. 007-00818 (GMS)

[PROPOSED] ORDER This matter having been opened to the Court by Defendants, Mylan Pharmaceuticals, Inc. and Mylan Laboratories, Inc. (collectively "Mylan"), by and through its attorneys, on their RULE 12(b)(1) MOTION TO DISMISS PLAINTIFF SCIELE'S COMPLAINT FOR LACK OF STANDING AND SUBJECT MATTER JURISDICTION, the Court having considered all papers in support of and in opposition to Mylan's motion, and on all prior proceedings herein, and for other good cause shown,

IT IS on the ____ day of December, 2007;

ORDERED AS FOLLOWS: (1) Mylan's Motion to Dismiss is GRANTED; (2) Plaintiffs' Complaint is DISMISSED.

__________________________________ HONORARY GREGORY M. SLEET UNITED STATES DISTRICT JUDGE