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13-11556 - Charest v. Presidents and Fellows of Harvard College et al


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13-11556 - Charest v. Presidents and Fellows of Harvard College et al
February 16, 2016
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Judge Douglas P. Woodlock: MEMORANDUM AND ORDER entered granting in part and denying in part 39 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 11 Motion to Dismiss for Failure to State a Claim; denying 11 Motion to Dismiss for Lack of Jurisdiction; specifically dismissal is granted as to Claims II-VI, as to Claim I to the extent that those claims relate to the initial allocation of royalties among the inventors of the Pioneering Patents and as to Claim VII to the extent that those claims relate to the initial allocation of royalties among the inventors of the Pioneering Patents; denied as to Claim I, as it relates to Defendants failure to provide, procedurally, the appeals process promised and as to Claim VII, as it relates to Defendants withholding of monies owed; because all of the claims against Dr. Myers have been granted he is dismissed from the case as a defendant. It is FURTHER ORDERED that that the parties shall file on or before March 4, 2016 a joint scheduling submission outlining a proposal for bringing this case to final judgment. (Woodlock, Douglas)