United States District Court, D. New Jersey
May 10, 2005.
GLAXOSMITHKLINE CONSUMER HEALTHCARE, L.P., Plaintiff,
MERIX PHARMACEUTICAL CORP., Defendant.
The opinion of the court was delivered by: DICKINSON DEBEVOISE, Senior District Judge
This matter having come before the court upon the motion of
Defendant Merix Pharmaceutical Corp. ("Defendant"), by and
through its counsel, to dismiss for lack of personal jurisdiction
pursuant to Fed.R.Civ.P. 12(b) or, in the alternative, to
transfer venue to the Northern District of Illinois pursuant to
28 U.S.C. § 1404(a), and the motion of Plaintiff Glaxosmithkline
Consumer Healthcare ("Plaintiff") to enjoin the lawsuit filed by
Defendant in the Northern District of Illinois, No. 05-CV-01403
(the "Illinois Action"); and notice having been given to all
parties, in consideration of the parties' submissions and the
arguments of counsel, for good cause shown, and for the reasons
set forth in the court's opinion of even date;
IT IS, on this 10th day of May, 2005, ORDERED that
Defendant's motion to dismiss or transfer is DENIED, Plaintiff's
motion to enjoin the Illinois Action is DENIED.
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