1:81-F-00470•IN RE: Surgical Stapling Devices Patent, Trademark and Antitrust Litigation
IN RE: Surgical Stapling Devices Patent, Trademark and Antitrust Litigation
1:81-F-00470JpmlMay 19, 2015
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Case MDL No. 470 Document 2 Filed 05/19/15 Page 1 of 2 SUSISIAL PANCLBN Lo HULTIRISTRICT LITIGATION | SE JuL-9 15g 79% Ce DOCKET NO. 470: PATRISIA D. HOWARD fro Co CUERX 3F THE PANEL hs = BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION IN RE SURGICAL STAPLING DEVICES PATENT, TRADEMARK AND ANTITRUST LITIGATION ORDER DENYING TRANSFER ee Presently before the Panel is a motion, pursuant to Co 28 U.S.C. §1407, for centralization of the three actions so on the attached Schedule A in the Southern District of New ’ York. on the basis of the papers filed,’ we find that Section 1407 transfer would neither serve the convenience of the Co parties and witnesses nor further the just and efficient ee conduct of the litigation. Given the minimal number of a actions before us, movants have failed to persuade us that oo Co any common questions of fact involved in these actions are : ’ sufficiently complex, and that the accompanying discovery will be so time-consuming, as to justify Section 1407 transfer. : See In re Scotch Whiskey Antitrust Litigation, 299 F. Supp. p 543, 544 (J.P.M.L. 1969). We note that suitable alternatives to transfer exist in order to minimize the possibility of Co duplicative discovery and/or conflicting pretrial rulings. See, e.g., In re Eli Lilly and Company (Cephalexin Monohydrate) ’ Patent Litigation, 446 F. Supp. 242, 244 (J.P.M.L. 1978). : } See also Manual for Complex Litigation, Parts I and II, §§3.11 (rev. ed. 1977). IT IS THEREFORE ORDERED that the motion for transfer pursuant to 28 U.S.C. §1407 be, and the same hereby is, : DENIED. ~ oo FOR THE PANEL: £4 Andrew A. Caffre Chairman : . 1/ The parties to this docket waived their right to oral RECEE : argument and therefore the question of transfer under 28 : U.S.C. §1407 was submitted on the briefs. Rule 14, R.P.J.P.M.L., 89 F.R.D. 273, 283-84 (1981).
- . Case MDL No. 470 Document 2 Filed 05/19/15 Page 2 of 2 SCHEDULE A MDIL-470 —-- IN RE SURGICAL STAPLING DEVICES PATENT, TRADEMARK AND ® ANTITRUST LITIGATION DISTRICT OF CONNECTICUT United States Surgical Corp. v. Hospital Products Civil Action International Pty. Ltd., et al. No. B-81-42 SOUTHERN DISTRICT OF NEW YORK Hospital Products International Pty. Ltd., Civil Action et al. v. United States Surgical Corp. No. 81 Civ 748 SOUTHERN DISTRICT OF TEXAS United States Surgical Corp. v. Bryan Gregory Civil Action Associates, Inc., et al. No. 81-325
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