Novartis Vaccines and Diagnostics Inc vs Wyeth et al, No. 2:08-cv-00067 (E.D. Tex. Apr. 12, 2010)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

The above-titled and numbered civil action was referred to United States Magistrate Judge Chad Everingham pursuant to 28 U.S.C. § 636. The report of the Magistrate Judge (Dkt. No. 135), which contains his recommendation that the court deny the defendants Wyeth’s and Wyeth Pharmaceuticals, Inc.’s motion to dismiss (Dkt. No. 113), has been presented for consideration. No objections were filed to the report and recommendation. The court is of the opinion that the conclusions of the Magistrate Judge are correct.