Regeneron Pharmaceuticals Inc. v. Novartis Pharma AG

Background

The opinion states that a motion to dismiss was filed on October 19, 2020. The order concerns the next procedural steps under Rule 3.F of the court’s Individual Practices in Civil Cases. The opinion’s text identifies Regeneron Pharmaceuticals, Inc. as the defendant in describing the filing, although the caption identifies Regeneron as the plaintiff.

Order

The court required the plaintiff, by October 29, 2020, to notify the court and the opposing parties in writing whether it would file an amended pleading and when, or instead rely on the pleading challenged by the motion to dismiss.

The court warned that declining to amend in response to a fully briefed argument in the motion could constitute a waiver of the plaintiff’s right to use the amendment process to correct defects identified in the defendants’ briefing. The order cited a Second Circuit decision discussing circumstances in which leave to amend may properly be denied, including undue delay, bad faith, dilatory motive, and futility.

If the plaintiff amended, the defendants could file an answer, file a new motion to dismiss, or submit a letter stating that they relied on the original motion. The order stated that it did not change the deadlines for amending, answering, or moving under the Federal Rules of Civil Procedure or the Local Rules.

Disposition

The court issued a procedural order setting a notice deadline and describing possible next steps. It did not grant or deny the motion to dismiss and did not resolve the merits of the claims.