Brigham Young University et al v. Pfizer et al, No. 2:2006cv00890 - Document 910 (D. Utah 2012)

Court Description: MEMORANDUM DECISION granting 901 Motion to Strike portions of Plaintiffs' Supplemental Brief re: Inventorship (Docket No. 90 ). Those portions that do not conform to the Court's request for supplemental briefing will be disregarded. Signed by Judge Ted Stewart on 3/20/2012. (rlr)
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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION BRIGHAM YOUNG UNIVERSITY, and DR. DANIEL L. SIMMONS, Plaintiffs, ORDER ON PFIZER S MOTION TO STRIKE PORTIONS OF PLAINTIFFS SUPPLEMENTAL BRIEF RE: INVENTORSHIP vs. PFIZER, INC., et al., Case No. 2:06-CV-890 TS Defendants. This matter is before the Court on Pfizer s Motion to Strike Portions of Plaintiffs Supplemental Brief Re: Inventorship. At the March 9, 2012, hearing in this matter, the Court requested supplemental briefing on the effect of two cases Trovan, Ltd. v. Sokymat SA, Iroro1 and Falana v. Kent State University2 on BYU s joint inventorship claims. Pfizer has moved to strike BYU s supplemental brief on the grounds that it exceeds the scope of the Court s request. The Court will grant the Motion to Strike to the extent that BYU s supplemental brief goes 1 299 F.3d 1292, 1302 (Fed. Cir. 2002). 2 2012 WL 171550 (Fed. Cir. Jan. 23, 2012). 1 beyond the boundaries of the Court s request. The Court will only rely on BYU s brief to the extent it is helpful to the Court in addressing the effect of Trovan and Falana. It is therefore ORDERED that Pfizer s Motion to Strike Portions of Plaintiffs Supplemental Brief Re: Inventorship (Docket No. 901) is GRANTED. Those portions that do not conform to the Court s request for supplemental briefing will be disregarded. DATED March 20, 2012 BY THE COURT: _____________________________________ TED STEWART United States District Judge 2