Rosewolf
Rosewolf v. Merck & Co., Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSHUA ROSEWOLF, Case No. 22-cv-02072-JSW
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS, WITH LEAVE TO AMEND
MERCK & CO., INC., et al., Re: Dkt. No. 18 Defendants.
12 Now before the Court for consideration is the motion to dismiss filed by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., and Organon, LLC (“Defendants”). The Court has considered the parties’ papers, relevant legal authority, and the record in this case, and it HERREBY GRANTS Defendants’ motion. The Court will grant Rosewolf leave to amend. BACKGROUND1 Defendants manufacture and sell the brand-name drug “Singulair” and held patent rights in montelukast, Singulair’s active ingredient, until the patent expired in August 2012. (See, e.g., Compl. ¶¶ 2, 28.) After the patent expired, other companies began to manufacture and sell generic monteluskat. (Id. ¶ 87.) Plaintiff Joshua Rosewolf (“Rosewolf”) alleges…