Legal Opinion
Kimberly-Clark Corp. v. McNeil-PPC, Inc.
District Court, E.D. Wisconsin
Decided April 30, 2003No. 03-C-156PublishedCited by 2 opinions
1Opinion of the Court
DECISION AND ORDER
GRIESBACH, District Judge.
This patent infringement action is before me on defendant McNeil-PPC’s motion to transfer the case to District of New Jersey where a “mirror action” case is pending, pursuant to 28 U.S.C. § 1404(a). For the reasons set forth below, I conclude that the determination of which case should proceed' should be made by the New Jersey District Court where the matter was first filed. I therefore will stay the matter before me until that court decides whether to proceed on the claims that are common to both- actions.
BACKGROUND
The issues presented by McNeil’s…
2Cases cited5 opinions
- Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
- Tempco Electric Heater Corporation v. Omega Engineering, Inc.Court of Appeals for the Seventh Circuit · 1987
- Genentech, Inc. v. Eli Lilly and Company, and the Regents of the University of CaliforniaCourt of Appeals for the Federal Circuit · 1993
- Dillard v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Fifth Circuit · 1992
- Daimler-Chrysler Corp. v. General Motors Corp.District Court, N.D. Ohio · 2001
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