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

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ALLELE BIOTECHNOLOGY AND Case No.: 20-cv-01958-H-AGS PHARMACEUTICALS, INC., a 12 California corporation, ORDER DENYING DEFENDANTS’ MOTION TO DISMISS Plaintiff,

14 v. [Doc. No. 37.] 15 PFIZER, INC., a Delaware corporation; BIONTECH SE, a German company; BIONTECH US, INC., a Delaware 17 corporation; and DOES 1-30, Defendants. 19 On March 26, 2021, Defendants Pfizer, Inc., BioNTech SE, and BioNTech US, Inc. filed a motion to dismiss Plaintiff Allele Biotechnology and Pharmaceuticals, Inc.’s first amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Doc. No. 37.) On April 16, 2021, Plaintiff filed a response in opposition to Defendants’ motion to dismiss. (Doc. No. 38.) On April 23, 2021, Defendants filed their reply. (Doc. No. 39.) The Court held a hearing on the matter on May 3, 2021. Ben L. Wagner and Robert Schaffer appeared for…