Dan Beraha, M.D. v. Baxter Health Care Corporation

MANION, Circuit Judge.

Invoking the diversity jurisdiction of the federal court, Dan Beraha, M.D., filed suit against Baxter Health Care Corporation (“Baxter”) based on an exclusive patent license agreement (“license agreement”) between Beraha and Omnis Surgical, Inc. (“Omnis”), a Baxter affiliate that was later merged into Baxter. 1 Count I of the Complaint claimed that Baxter violated express and implied obligations of good faith and fair dealing in the license agreement; Count II claimed that Baxter breached a fiduciary obligation under the license agreement; and Count III alleged that…