Limited discovery ordered on motions to dismiss and transfer
Gian Biologics, LLC v. Biomet Inc. and Biomet Biologics, LLC, Civil Action No. 10-865-LPS, June 21, 2011.
Stark, J. Stay was entered pending completion of discovery on personal jurisdiction and venue issues.
This is a patent infringement case involving an invention relating to an apparatus that conveniently sequesters platelet-rich plasma for use in surgical and medical procedures. Defendant, Biomet Inc., moved to dismiss for lack of personal jurisdiction asserting via a declaration from one of its executives, inter alia, that it is a parent company that is not engaged in any of the alleged infringing activities. Defendant, Biomet Biologics, LLC, moved to transfer to the Northern District of Indiana arguing, inter alia, plaintiff, Gian Biologics, LLC’s, spurious connection to Delaware and recent “litigation contrived” incorporation in the state. A stay of proceedings was entered to permit limited jurisdictional and venue related discovery.
