E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Enter your email address:

Delivered by FeedBurner

Contact the Docs

Docs on Twitter


About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.

Disclaimer

  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.

Pharma-50-transparent_216px_red

Become a Fan

« Conference & CLE Calendar | Main | The Synthetic Biology Sky Is Not Falling »

December 16, 2007

Comments

Astra has filed similar complaint against Cobalt in District Court of Delaware & Florida.
Why similar complaint in two different courts? Can any one through some lights?

Sam: This is a frequent tactic when there may be concerns about personal jurisdiction in a particular district. Plaintiffs will often file where they prefer the case be heard (and where they hope a challenge to PJ is not effective) and also where PJ is guaranteed to be found. In the end, the case is heard one place or the other. In this particular instance, Cobalt's US headquarters are in Florida, so PJ is assured there - hence the filing in Florida in addition to Delaware. Thanks for the comment, and for reading Court Report.

Thanks Sherri. One confusion. In this circumstances, why plaintiff filed in Delaware also? He could have filed only in Florida.

Sam: You may have noticed that Astra has filed against a number of defendants, all in Delaware. Implied in the Delaware filing against Cobalt is plaintiff's desire that the case be heard in Delaware - and of course that can only happen by filing there. It is possible that Cobalt will challenge PJ in Delaware, and if they succeed, Astra will have the Florida case to fall back on.

The comments to this entry are closed.

September 2017

Sun Mon Tue Wed Thu Fri Sat
          1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30