Genentech, Inc. v. Eli Lilly and Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GENENTECH, INC., a Delaware Case No.: 18-CV-1518 JLS (JLB) corporation,

ORDER GRANTING IN PART AND

Plaintiff, DENYING IN PART DEFENDANT’S v. MOTION

ELI LILLY AND COMPANY, an Indiana (ECF No. 30) corporation, 16 Defendant. 17 Presently before the Court is Eli Lilly and Company’s Motion (“Mot.,” ECF No. 24) seeking to dismiss or transfer this action for improper venue under Federal Rule of Civil Procedure 12(b)(3); strike allegations in Plaintiff Genentech, Inc.’s First Amended Complaint under Federal Rule of Civil Procedure 12(f); and dismiss Plaintiff’s willful infringement claim under Federal Rule of Civil Procedure 12(b)(6). Plaintiff filed a Response in Opposition to (“Opp’n,” ECF No. 48) and Defendant filed a Reply in Support of (“Reply,” ECF No. 50) the Motion. After reviewing the Parties’ arguments and the law, the Court rules as follows. /// /// /// …