Kaken Pharmaceutical Co. v. Eli Lilly and Co.

ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS OR FOR SUMMARY JUDGMENT

McKINNEY, District Judge.

This cause comes before the Court on defendant’s motion for judgment on the pleadings or, in the alternative, for summary judgment. The issues raised herein have been fully briefed and are ready for resolution. For the reasons set forth below, the Court GRANTS the defendant’s motion for summary judgment as to Counts I, II, IV, V, VI and VII and DENIES the defendant’s motion for summary judgment as to Count III.

I. FACTUAL AND PROCEDURAL BACKGROUND

The plaintiff, Kaken Pharmaceutical Company, Limited…