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Shionogi Ireland, Ltd. (F/K/A Sciele Pharma Ireland, Ltd v. United Research Laboratories

August 16, 2011

SHIONOGI IRELAND, LTD. (F/K/A SCIELE PHARMA IRELAND, LTD.), PLAINTIFF,
v.
UNITED RESEARCH LABORATORIES, INC., DEFENDANT.



The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 16th day of August, 2011, upon consideration of Plaintiff Shionogi Ireland, Ltd.'s Motion to Dismiss Defendant United Research Laboratories, Inc.'s Counterclaims (Docket No. 9); Defendant's Response in Opposition (Docket No. 12); and Plaintiff's Reply Brief (Docket No. 15); it is hereby ORDERED as follows:

1. Plaintiff's Motion to Dismiss Defendant's First Counterclaim (Breach of Contract) is GRANTED. Defendant's Counterclaim for Breach of Contract is DISMISSED.

2. Plaintiff's Motion to Dismiss Defendant's Second Counterclaim (Breach of the Implied Covenant of Good Faith and Fair Dealing) is DENIED.

3. Plaintiff's Motion to Dismiss Defendant's Third Counterclaim (Declaratory Relief) is DENIED.

BY THE COURT:

Ronald L. Buckwalter

20110816

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