Tawfilis
Tawfilis v. Allergan, Inc.
Opinion
Lead Opinion
Staton, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS (Doc. 32)
I. INTRODUCTION
Before the Court is Defendant Allergan, Inc.’s Motion to Dismiss. (Mot., Doc. 32.) Plaintiffs Adel Tawfilis, DDS d/b/a Carmel Valley Center for Oral and Maxillofacial Surgeiy and Hamid A. Towhidian, M.D. filed an Opposition, and Allergan replied. (Opp’n, Doc, 39; Reply, Doc. 40.) Having considered the parties’ briefing, heard oral *856 argument, and taken the matter under submission, the Court DENIES Allergan’s Motion.
II. BACKGROUND
This antitrust case arises out of an allegedly anticompetitive exclusive licensing agreement between Defendant Allergan, Inc. and Allergan’s Korean-based competitor Medytox, Inc.. (First Amended Complaint, “FAC” ¶ 1, Doc. 28.) Defendant Allergan, Inc. is a U.S.-based multinational pharmaceutical company and the producer of Botox, an injectable neuromodulator most notably used for the treatment, of facial wrinkles. (Id. ¶4.) Plaintiff Adel Tawfilis is a dentist, oral and maxillofacial surgeon, and the principal of the Carmel Valley Center for Oral and Maxillofacial Surgery. (Id. ¶ 2.) Plaintiff Hamid A. To-whidian, M.D. is a cosmetic surgeon and the head of Total Cosmetix. (Id.…