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Judge Robinson: Motion to Transfer ANDA Case Granted Where Identical Case Filed in SDNY

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In Medicis Pharm. Corp. v. Nycomed US Inc., C.A. No. 10-1099-SLR (D. Del. June 16, 2011), the “plaintiff filed two identical actions against defendant” in the District of Delaware and the Southern District of New York. Id. at 2. The “defendant moved to transfer the instant action to the Southern District of New York[,]” and Judge Robinson granted this motion. Id. at 2. Although the court noted that “plaintiff’s choice of forum is given paramount consideration,” Judge Robinson stated that “the case at bar shares common questions of law and fact with the first [previously transferred] actions, which are now proceeding in the Southern District of New York.” Id. at 4-5. “Thus, it is in the interest of judicial economy to transfer the current lawsuit to the Southern District of New York so that both courts may avoid redundant efforts and the possibility of inconsistent results.” Id. at 5.


Medicis Pharm. Corp. v. Nycomed US Inc., C.A. No. 10-1099-SLR (D. Del. June 16, 2011)

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