Bristol-Myers Squibb Co. v. Merck & Co.

WHEREAS, on August 31, 2015, the plaintiff Bristol-Myers Squibb Co., E. R. Squibb & Sons, L.L.C., Ono Pharmaceutical CO., LTD., and Tasuku Honjo, (collectively "Bristol-Myers") filed this patent infringement action against the defendant Merck & Co., Inc. and Merck Sharp & Dohme Corp., ("Merck"). (D.I. 1);

WHEREAS, presently before the court is Merck's Motion to Dismiss the Complaint. (D.I. 5, 6);

WHEREAS, the court having considered the motion, the parties' positions as set forth in their papers, as well as the applicable law;

IT IS HEREBY ORDERED THAT:

Merck's Motion to Dismiss the Complaint (D.I. 5) is DENIED.

/s/_________

UNITED STATES DISTRICT JUDGE