Genentech, Inc. v. Eli Lilly and Company

Opinion

1 2 3 4 5 6 7 10 11 GENENTECH, INC., a Delaware Case No.: 18-CV-1518 JLS (JLB) corporation, 12 ORDER GRANTING PLAINTIFF’S Plaintiff, 13 MOTION TO VOLUNTARILY v. DISMISS WITH PREJUDICE 14

ELI LILLY AND COMPANY, an Indiana 15 (ECF No. 73) corporation, 16 Defendant. 17 18 Presently before the Court is Plaintiff Genentech, Inc.’s Motion to Voluntarily 19 Dismiss With Prejudice (ECF No. 73). Defendant Eli Lilly and Company filed a response 20 requesting the Court either name Defendant the prevailing party or, in the alternative, enter 21 final judgment under Federal Rules of Civil Procedure 54, 56, and 58. ECF No. 75. 22 Plaintiff filed a reply and noted that it does not oppose the request to name Defendant the 23 prevailing party, but that it does oppose Defendant’s request to enter judgment. ECF No. 24 76. 25 After reviewing the Motion and the Parties responses, the Court GRANTS 26 Plaintiff’s Motion to Voluntarily Dismiss (ECF No. 73) and DISMISSES WITH 27 PREJUDICE this action in its entirety. Because the Court dismisses the case with 28 prejudice, the Court DECLARES Defendant to be the prevailing party in this action. See 1 || Raniere v. Microsoft Corp., 887 F.3d 1298, 1307 (Fed. Cir. 2018) (holding that a voluntary 2 dismissal with prejudice under Rule 41(a)(2) is sufficient to establish prevailing party 3 || status on a defendant). 5 || Dated: March 16, 2020 . tt 6 pee Janis L. Sammartino 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28