Facts

Allergan Inc. and Allergan Sales LLC sued Ferrum Ferro Capital LLC and Kevin Barnes in connection with Ferrum and Barnes' filing of a petition for inter partes review of Allergan's patent, seeking to invalidate it.

The petition was denied review by the U.S. Patent Trial and Appeal Board, which found it not likely to succeed.

PLAINTIFFS' CONTENTIONS:
Defendants allegedly attempted to extort plaintiffs with its filing of an inter partes review. Plaintiffs alleged claims for civil extortion, unfair competition, and malicious prosecution.

DEFENDANTS' CONTENTIONS:
Defendants filed an anti-SLAPP motion, seeking to strike plaintiffs' complaint. Defendants contended that the court had subject matter jurisdiction to resolve their anti-SLAPP motions, and Allergan's complaint.

Result

The district court dismissed the action for lack of jurisdiction on its own motion, over both plaintiffs' and defendants' oppositions.

Other Information

FILING DATE: June 19, 2015.