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In re Cray Does Not Address Whether Place of Affiliate, Alter Ego, or Agent May be Attributed to Defendant in Determining Venue

In re Cray Does Not Address Whether Place of Affiliate, Alter Ego, or Agent May be Attributed to Defendant in Determining Venue

The court granted in part plaintiff’s motion for additional venue discovery. “In my view, [In re Cray Inc., 871 F.3d 1355 (Fed. Cir. 2017)] does not address whether a physical place of a corporate affiliate or subsidiary or alter ego or agent can, for venue purposes, be attributed to the named defendant in a case. . . . [Defendant] seems to acknowledge that at least an alter ego or a sham entity . . . would allow the place of business of . . . that sham entity to be attributed to the named defendant for purposes of assessing regular and established place of business for purposes of determining proper venue. . . . [Defendant] emphasizes repeatedly that the record in [its] view already establishes that there is no relationship between any of the other related entities and the ANDA at issue in this case. I have not yet been pointed to where Cray or any other case at least from the Court of Appeals tells me that such a relationship is required in order for venue to be appropriate.”

Bristol-Myers Squibb Company et al v. Aurobindo Pharma, USA Inc., 1-17-cv-00374 (DED November 28, 2017, Order) (Stark, USDJ)
The court granted in part plaintiff’s motion for additional venue discovery. “In my view, [In re Cray Inc., 871 F.3d 1355 (Fed. Cir. 2017)] does not address whether a physical place of a corporate affiliate or subsidiary or alter ego or agent can, for venue purposes, be attributed to the named defendant in a case. . . . [Defendant] seems to acknowledge that at least an alter ego or a sham entity . . . would allow the place of business of . . . that sham entity to be attributed to the named defendant for purposes of assessing regular and established place of business for purposes of determining proper venue. . . . [Defendant] emphasizes repeatedly that the record in [its] view already establishes that there is no relationship between any of the other related entities and the ANDA at issue in this case. I have not yet been…

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