By Memorandum Order entered by the Honorable Sue L. Robinson in Myriad Group A.G. v. Oracle America, Inc., Civil Action 10-1087-SLR (D.Del., February 4, 2011), the Court denied the motion to dismiss or transfer of defendant Oracle America, Inc. ("Oracle") without prejudice and explained that Oracle may renew the motion to transfer once the U.S. District Court for the Northern District of California rules on pending motions in the mirror image litigation filed by Oracle on the same day (but earlier in the day) than the instant action which may clarify the issues in dispute. Id. at 5. The Court also denied plaintiff Myriad Group’s motion for a preliminary injunction noting that, through its motion, Myriad sought the ultimate relief requested in the Delaware action even though it waited more than a year to file its action. Id.
A complete copy of the Memorandum Order is attached.