January 6, 2016—The court deferred ruling on a motion to dismiss for lack of personal jurisdiction by Defendant Cytophil, Inc. (d/b/a Regenscientific), and permitted Plaintiff Merz North America, Inc. to conduct limited discovery into the jurisdictional issues raised. The court also denied Defendant’s motion to stay non-jurisdictional discovery pending resolution of its other motions to dismiss: lack of personal jurisdiction and improper venue. Even if Defendant’s challenges to the court’s jurisdiction and venue are sustained, it is unlikely to terminate all litigation between the parties because there is pending litigation in the Eastern District of Wisconsin. Thus, the court reasoned that it is not “an act of futility” to continue non-jurisdictional discovery. The patent at issue is U.S. Patent No. 6,537,574, titled “Soft tissue augmentation material.” The case is pending in the Eastern District of North Carolina (Western Division) and is captioned Merz North America, Inc. v. Cytophil, Inc. d/b/a Regenscientific, 5-15-cv-00262.
By: Una Fan