Richards Layton & Finger

Chief Judge Stark Rules on Proceedings for Venue Discovery

December 19, 2017

In Bristol-Myers Squibb Co. v. Aurobindo Pharma USA Inc., No. 17-374-LPS (D. Del. Nov. 28, 2017), and Bristol-Myers Squibb Co. v. Mylan Pharmaceuticals Inc., No. 17-379-LPS (D. Del. Nov. 28, 2017), Chief Judge Stark set forth the procedures for venue-related discovery on defendant Mylan Pharmaceuticals Inc.’s motion to dismiss for improper venue. The Court ordered Mylan Pharmaceuticals to serve a supplemental declaration regarding, inter alia, its corporate relationships, allowed three months for written discovery, and permitted the later of an additional month-and-a-half or after the resolution of any discovery disputes that may arise for the parties to complete venue-related discovery (including depositions). Chief Judge Stark emphasized that the issue before the Court addressed in this ruling was one of discovery, not the ultimate merits of the parties’ positions regarding venue.

Key Point: Chief Judge Stark stated that the case “raised important, unsettled, novel questions as to whether this District is a proper venue for this Hatch-Waxman patent litigation,” making venue-related discovery appropriate.