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TANG CAPITAL PARTNERS v. CELL THERAPEUTICS, INC.

No. 08 Civ. 0017(CM)(DCF).

591 F.Supp.2d 666 (2008)

TANG CAPITAL PARTNERS, LP, Plaintiff, v. CELL THERAPEUTICS, INC., Defendant.

United States District Court, S.D. New York.

December 17, 2008.

Attorney(s) appearing for the Case

Celia Goldwag Barenholtz, Shannon Suzanne McKinnon, Cooley Godward Kronish LLP, New York, NY, Philip C. Tencer, Ryan E. Blair, Cooley Godward Kronish L.L.P., San Diego, CA, for Plaintiff.

Daniel J. Dunne, Patryk J. Chudy, Orrick, Herrington & Sutcliffe LLP, New York, NY, Eric M. Creizman, Heller Ehrman, Joshua Bacon Selig, Heller Ehrman, LLP, New York, NY, for Defendant.

DECISION AND ORDER DENYING DEFENDANT'S SUGGESTION THAT THE COURT LACKS JURIDICTION TO ENTERTAIN PLAINTIFF'S APPLICATION FOR A PRELIMINARY INJUNCTION, DECLINING TO ENTER A TEMPORARY RESTRAINING ORDER, AND DIRECTING A HEARING ON PLAINTIFF'S APPLICATION FOR PRELIMINARY INJUNCTION AND ON THE ISSUE OF JURY TRIAL WAIVER

McMAHON, District Judge:

Introduction

On December 10, 2008, plaintiff Tang Capital Partners, LP ("Tang Capital") filed an application...

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