Novartis Vaccines and Diagnostics, Inc. v. Genentech, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 NOVARTIS VACCINES AND Case No. 5:21-cv-04874-EJD DIAGNOSTICS, INC., et al., ORDER DENYING MOTION TO Plaintiffs, DISMISS AS MOOT 10 v. Re: Dkt. No.
GENENTECH, INC.,
12 Defendant.
14 Before the Court is Defendant Genentech, Inc.’s (“Genentech”) motion to dismiss the 15 complaint. Dkt. No. 13. Plaintiffs’ response to the motion to dismiss was originally due on July 16 15, 2021, but the parties stipulated to extend Plaintiffs’ response deadline to August 20, 2021. 17 Dkt. No. 20. On August 20, in lieu of filing an opposition to Genentech’s motion, and before 18 Genentech filed a responsive pleading to the original complaint, Plaintiffs filed an amended 19 complaint. Dkt. No. 22. 20 A plaintiff may amend its pleading once as a matter of course within 21 days of service of a motion under Rule 12(b). Fed. R. Civ. P. 15(a). An amended pleading generally supersedes an 22 original pleading. Hal Roach…