Erfindergemeinschaft UroPep GbR v. Eli Lilly and Company et al, No. 2:15-cv-01202 (E.D. Tex. Apr. 26, 2016)

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.

Before the Court is the motion by defendant Brookshire Brothers, Inc. to dismiss the complaint for failure to state a claim upon which re lief can be granted. Dkt. No. 37. The Court heard argument on Brookshire’s motion on February 11, 2016. For the reasons set forth below, Brookshire’s motion to dismiss is DENIED. BACKGROUND This case concerns allegations that Brooks hire infringes U.S. Patent No. 8,791,124 (“the ’124 patent”) when Brookshire’s pharmacists dispense the drug Cialis. Complaint, Dkt. No.