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Lannett Company Inc. v. KV Pharmaceuticals et al

REPLY BRIEF re MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss Based upon [Defendants' Motion to Dismiss Lannett's Amended Complaint for Lack of Subject Matter Jurisdiction, Failure to Include an Indispensable Party and Failure to State Claim] MOTION to Dismiss Based upon [Defendants' Motion to Dismiss Lannett's Amended Complaint for Lack of Subject Matter Jurisdiction, Failure to Include an Indispensable Party and Failure to State Claim]

8 Cited authorities

  1. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,409 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  2. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,771 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  3. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,814 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  4. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,276 times   320 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  5. Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

    28 U.S.C. § 1338   Cited 5,397 times   71 Legal Analyses
    Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"

  6. Section 1116 - Injunctive relief

    15 U.S.C. § 1116   Cited 2,713 times   29 Legal Analyses
    Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner

  7. Section 1121 - Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition

    15 U.S.C. § 1121   Cited 1,409 times   4 Legal Analyses
    Granting federal courts original and appellate jurisdiction over claims arising under the Lanham Act

  8. Section 417.061 - Injunctive relief, when - order for payment to owner of mark - destruction of counterfeit marks

    Mo. Rev. Stat. § 417.061   Cited 41 times

    1. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under sections 417.005 to 417.066, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services. 2. Any owner of a mark registered under sections 417.005 to 417.066 may proceed by suit to enjoin the manufacturer, use