Case is transferred to New York
Medicis Pharmaceutical v. Nycomed U.S. Inc. and Nycomed GMBH, Civ. No. 10-419-SLR, March 31, 2011.
Robinson, J. Defendant’s motion to transfer is granted; alternative motion to stay is denied as moot.
This litigation is an ANDA dispute regarding Fluocinonide cream and is the mirror image of litigation pending in New York. The New York action was filed on the same day as the Delaware action, but it is not known which was filed first. Therefore the first-filed analysis is inconclusive. Normally, plaintiff’s choice of forum should be given due consideration, especially where plaintiff is a Delaware corporation and the proximity to New York causes no undue burden. However, in this case, the New York suit has progressed faster than the suit in Delaware, which tips the balance in favor of transfer. New York is the center of the dispute and there is no compelling reason for both suits to proceed or for this one to be the one to survive.
