Allele Biotechnology and Pharmaceuticals, Inc. v. Pfizer, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 7 ALLELE BIOTECHNOLOGY AND Case No.: 20-cv-01958-H-AGS PHARMACEUTICALS, INC., a 9 California corporation, ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AS MOOT Plaintiff,

11 v. [Doc. No. 24.] 12 PFIZER, INC., a Delaware corporation; BIONTECH SE, a German company; BIONTECH US, INC., a Delaware 14 corporation; and DOES 1-30, Defendants. 16 On October 5, 2020, Plaintiff Allele Biotechnology and Pharmaceuticals, Inc. filed a complaint for patent infringement against Defendants Pfizer, Inc., BioNTech SE, and BioNTech US, Inc, alleging infringement of U.S. Patent No. 10,221,221. (Doc. No. 1, Compl.) On February 8, 2021, Defendants filed a motion pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiff’s complaint for failure to state a claim. (Doc. No. 24.) A hearing on the motion to dismiss is currently scheduled for March 15, 2021 at 10:30 a.m. On February 25, 2021, in lieu of filing…