Summary
finding an alleged geographic market was not plausibly alleged where the plaintiff had "made no effort to explain why the relevant market [was] limited to the United States"
Summary of this case from Talley v. Christiana Care Health Sys.Opinion
CIVIL ACTION NO. 11-1566
09-28-2012
SYNTHES, INC., SYNTHES USA HQ, INC., SYNTHES USA, LLC, SYNTHES USA SALES, LLC, and SYNTHES USA PRODUCTS, LLC, Plaintiffs, v. EMERGE MEDICAL, INC., JOHN P. MAROTTA, ZACHARY W. STASSEN, ERIC BROWN, and CHARLES Q. POWELL, Defendants. EMERGE MEDICAL, INC., Counterclaim-Plaintiff, v. SYNTHES, INC., SYNTHES USA HQ, INC. SYNTHES USA, LLC, SYNTHES USA SALES, LLC, and SYNTHES USA PRODUCTS, LLC, Counterclaim-Defendants.
ORDER
AND NOW, this 28th day of September, 2012, upon consideration of the Motion by Plaintiffs and Counterclaim-Defendants Synthes, Inc., Synthes USA HQ, Inc., Synthes USA, LLC, Synthes USA Sales, LLC, and Synthes USA Products, LLC (collectively "Synthes") to Dismiss Defendant and Counterclaim-Plaintiff Emerge Medical, Inc's Alleged "Abuse of Process" and Antitrust Counterclaims, and/or, in the alternative, to Bifurcate and Stay All Proceedings and Discovery Related to Each Counterclaim (Docket No. 66), the Response of Defendant and Counterclaim-Plaintiff Emerge Medical, Inc. ("Emerge") (Docket No. 72), and Synthes's Reply Brief (Docket No. 79), it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:
1. Synthes's Motion to Dismiss Emerge's Abuse of Process counterclaim is DENIED AS MOOT in light of Emerge's representation that no such counterclaim exists;
2. Synthes's Motion to Strike certain allegations from the Counterclaim Complaint is DENIED;
3. Synthes's Motion to Dismiss Counts IV, V, and VI of the Counterclaim Complaint is GRANTED and these claims are DISMISSED WITH PREJUDICE.
It is so ORDERED.
BY THE COURT:
______________
RONALD L. BUCKWALTER, S.J.