District Court, D. Delaware October 25, 2013, C.A. No. 11-704-LPS (Avanir Pharmaceuticals, Inc. v. Actavis South Atlantic LLC)

MEMORANDUM OPINION

STARK, U.S. District Judge:

Pending before the Court is Defendants’ Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction Based on the Expiration of Asserted U.S. Patent No. RE38,115. (D.1.371) For the reasons discussed below, the Court will deny the motion.

I. PROCEDURAL BACKGROUND

Avanir Pharmaceuticals, Inc.