E.D. PA Judge Jan Dubois denied defendant Immucor Inc. & Johnson & Johnson subsidiary Ortho-Clinical Diagnostics Inc. motion to dismiss on the ground that the plaintiffs had failed to sufficiently allege an agreement. The judge cited the close timing of the defenants’ price increases for blood reagent; their cancellations of contracts with group purchasers; and their improving profit margins were sufficient to enable a reasonable fact finder to infer a conspiracy.
The court also denied a request to stay discover pending the outcome of a government criminal investigation. It did, however, dismiss Johnson & Johnson Health Care Systems because the amended complaint contained no specific allegations against it.