Anticancer, Inc. v. Fujifilm Medical Systems U.S.A., Inc.

Good Law

745 F. Supp. 2d 1165·2010 U.S. Dist. LEXIS 104552

United States District Court, Southern District of CaliforniaSeptember 30, 2010Case 09cv1311 WQH (JMA)California2,659 words

Opinion

Hayes, J.

ORDER

The matter before the Court is GE Healthcare, Ine.’s Motion to Dismiss. (Doc. # 45).

BACKGROUND

This action is a patent infringement lawsuit. On June 17, 2009, Plaintiff AntiCancer, Inc. (“AntiCancer”) initiated this action by filing its Complaint. (Doc. # 1). On August 20, 2009, AntiCancer filed its First Amended Complaint (“FAC”). (Doc. # 6). On September 9, 2009, Fujifilm Corporation and Fujifilm Medical Systems U.S.A., Inc. (collectively “Fujifilm”) filed an answer to the complaint. (Doc. # 9). On October 9, 2009, GE Healthcare, Inc. (“GE”) filed a motion to dismiss. (Doc. # 20). On November 16, 2009, AntiCancer filed its Second Amended Complaint (“SAC”) along with an opposition to dismiss which contended the SAC was filed as of right and rendered the motion to dismiss moot. (Doc. # 22). On January 19, 2010, the Court struck the SAC from the docket because AntiCancer had not obtained leave of the Court or consent of Defendants prior to filing the SAC and granted GE’s motion to dismiss the SAC as unopposed. (Doc. #36). On April 9, 2010, the Court granted AntiCancer’s motion for leave to amend. (Doc. # 43). On April 15, 2010, AntiCancer filed its SAC again, which is the…

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