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EON LABORATORIES, INC. v. SMITHKLINE BEECHAM CORP.

No. CIV.A. 03-10506-WGY.

298 F.Supp.2d 175 (2003)

EON LABORATORIES, INCORPORATED, Plaintiffs, v. SMITHKLINE BEECHAM CORPORATION d/b/a Glaxosmithkline, Beecham Group PLC, Glaxosmithkline PLC, Carl J. Rose, and Richard K. Anderson Defendants.

United States District Court, D. Massachusetts.

December 23, 2003.

Attorney(s) appearing for the Case

Bernard J. Bonn, III, Dechert LLP, Boston, MA, George G. Gordon, Dechert LLP, Philadelphia, PA, Timothy C. Hester, Covington & Burling, Washington, DC, Kevin T. Kerns, Dechert LLP, Philadelphia, PA, Matthew A. Porter, Dechert LLP, Boston, MA, Christopher N. Sipes, Covington & Burling, Washington, DC, Joseph A. Tate, Dechert LLP, Philadelphia, PA, for Beecham Group PLC, Defendant.

Thane D. Scott, Palmer & Dodge, LLP, Boston, MA, for Eon Labs, Inc., Plaintiff.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

After hearing oral argument on October 23, 2003, this Court stated its intent to dismiss the federal antitrust claims asserted by the plaintiff, Eon Laboratories, Inc. ("Eon"), as compulsory counterclaims that were not raised in the underlying patent infringement action. See Hr'g Tr. of 10/23/03, at 8. This memorandum and order sets forth the Court's analysis and clarifies its...

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