Legal Opinion

Icahn School of Medicine at Mount Sinai v. Neurocrine Biosciences, Inc.

District Court, S.D. New York

Decided June 13, 2016No. 15 Civ. 9414Published

1Opinion of the Court

OPINION

Sweet, District Judge.

The Defendant Neurocrine Biosciences, Inc. (“Neurocrine” or the “Defendant”) has moved pursuant to F. R. Civ. P. 12(b)(6) to dismiss the complaint of the plaintiff Icahn School of Medicine at Mount Sinai (“Mt. Sinai” or the “Plaintiff’). Upon the conclusions set forth below, the motion is granted in part and denied in part.

These two well-advised sophisticated parties are participants in a complicated and demanding process of the research and development required to discover, identify, and develop drugs to effect a biological response to treat a disabling disease.…

2Cases cited16 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Arista Records, LLC v. Doe 3Court of Appeals for the Second Circuit · 2010
  4. Mills v. Polar Molecular Corp.Court of Appeals for the Second Circuit · 1993
  5. E.I. Du Pont De Nemours & Co. v. Shell Oil Co.Supreme Court of Delaware · 1985

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