Tevra Brands LLC v. Bayer HealthCare LLC

Good Law
United States District Court, Northern District of CaliforniaMarch 16, 20205:19-cv-04312California1,106 words

Opinion

trial_court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 TEVRA BRANDS LLC, Case No. 19-cv-04312-BLF

8 Plaintiff,

ORDER GRANTING PLAINTIFF’S

9 v. MOTION FOR LEAVE TO AMEND

AND TERMINATING BAYER

10 BAYER HEALTHCARE LLC, et al., HEALTHCARE LLC’S MOTION TO

DISMISS THE COMPLAINT

11 Defendants. [ECF 25, 79] 12 13 On July 26, 2019, Plaintiff Tevra Brands LLC (“Tevra”) sued Defendants Bayer HealthCare 14 LLC (“Bayer HealthCare”), Bayer Animal Health GmbH (“Bayer Animal”), and Bayer AG, alleging 15 various violations of the Clayton Antitrust Act and the Sherman Antitrust Act. ECF 1. The suit 16 concerns topical flea and tick treatments containing the active ingredient Imidacloprid. Id. ¶¶ 1,15. 17 The Complaint claimed, inter alia, that Defendants have (1) forced retailers and distributors to agree 18 not to carry generic Imidacloprid topicals in competition with Defendants’ name brand products, id. 19 ¶ 3, and (2) illegally tied the purchase of their topical treatments with…

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