Tevra Brands LLC v. Bayer HealthCare LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 TEVRA BRANDS LLC, Case No. 19-cv-04312-BLF
Plaintiff,
ORDER GRANTING PLAINTIFF’S
v. MOTION FOR LEAVE TO AMEND
AND TERMINATING BAYER
BAYER HEALTHCARE LLC, et al., HEALTHCARE LLC’S MOTION TO
DISMISS THE COMPLAINT
Defendants. [ECF 25, 79] 12 On July 26, 2019, Plaintiff Tevra Brands LLC (“Tevra”) sued Defendants Bayer HealthCare LLC (“Bayer HealthCare”), Bayer Animal Health GmbH (“Bayer Animal”), and Bayer AG, alleging various violations of the Clayton Antitrust Act and the Sherman Antitrust Act. ECF 1. The suit concerns topical flea and tick treatments containing the active ingredient Imidacloprid. Id. ¶¶ 1,15. The Complaint claimed, inter alia, that Defendants have (1) forced retailers and distributors to agree not to carry generic Imidacloprid topicals in competition with Defendants’ name brand products, id. ¶ 3, and (2) illegally tied the purchase of their topical treatments with…