throbber
Case 1:18-cv-00303-RGA Document 54 Filed 10/12/18 Page 1 of 2 PageID #: 1088
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`BAXTER HEALTHCARE CORPORATION,
`
` Plaintiff,
`
`v.
`
`HOSPIRA, INC. and ORION CORP.,
`
` Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 18-303-RGA
`
`BAXTER’S UNOPPOSED MOTION FOR LEAVE TO FILE
`FIRST AMENDED COMPLAINT
`
`Pursuant to Federal Rule of Civil Procedure 15(a)(2) and District of Delaware Local Rule
`
`15.1, Plaintiff Baxter Healthcare Corporation (“Baxter”) respectfully moves this Court for leave
`
`to file a First Amended Complaint against Defendants Hospira, Inc. and Orion Corp.
`
`(“Defendants”). A copy of the First Amended Complaint is attached hereto as Exhibit 1, and a
`
`redline copy of the First Amended Complaint is attached as Exhibit 2. Defendants do not oppose
`
`this Motion.
`
`Baxter makes this Motion on the following grounds:
`
`1.
`
`2.
`
`Baxter filed its original Complaint (D.I. 1) on February 22, 2018.
`
`Baxter wishes to amend the original Complaint to assert additional patent and
`
`antitrust claims against Defendants, including declaratory judgment of invalidity of U.S. Patent
`
`No. 6,716,867 (the “’867 Patent), declaratory judgment of unenforceability of the ’867 Patent,
`
`patent misuse, monopolization, conspiracy to monopolize/combination in restraint of trade, sham
`
`counterclaim, attempted monopolization, and Walker Process fraud.
`
`3.
`
`The deadline to amend pleadings as set forth in the Scheduling Order (D.I. 21) is
`
`January 5, 2019.
`
`

`

`Case 1:18-cv-00303-RGA Document 54 Filed 10/12/18 Page 2 of 2 PageID #: 1089
`
`Accordingly, Baxter respectfully requests that the Court grant its Unopposed Motion for
`
`Leave to File its First Amended Complaint.
`
`OF COUNSEL:
`
`Neal Seth
`Lawrence M. Sung
`Bethany A. Corbin
`WILEY REIN, LLP
`1776 K St. NW
`Washington, DC 20006
`(202) 719-7000
`
`Dated: October 12, 2018
`5961186
`
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Alan R. Silverstein (#5066)
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`asilverstein@potteranderson.com
`
`Attorneys for Plaintiff
`Baxter Healthcare Corporation
`
`2
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket