Opinion
1:05-cv-872-SEB-VSS.
March 31, 2006
ENTRY
On March 7, 2006, the Court issued an entry staying its decision on Defendants' Motion to Dismiss pending a ruling by the United States District Court for the Eastern District of Pennsylvania on Eli Lilly's motion to dismiss or transfer to Indiana in a separate, but nearly identical cause of action filed in Pennsylvania. Having been informed that the Pennsylvania court recently ruled and applying the general rule in patent cases favoring the forum of the "first-filed" action, this action is hereby DISMISSED without prejudice. A separate judgment will issue.
IT IS SO ORDERED.