Simonian v. Allergan, Inc.

MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, District Judge:

Relator, Thomas A. Simonian, has brought a qui tarn action against Defendant, Allergan, Inc., alleging that Allergan has violated 35 U.S.C. § 292 by marking certain of its prescription pharmaceutical products with two expired patents, namely U.S. Patent Numbers 4,839,342 (“the '342 patent”) and 4,649,047 (“the '047 patent”). (R. 1.) Defendant has filed a motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6). (R. 19.) On September 2, 2010, the Court granted Allergan’s unopposed notice of voluntary withdrawal of the Rule 12(b)(1)…