Corrected: November 10, 2008
United States Court of Appeals for the Federal Circuit
2008-1314
TAKEDA PHARMACEUTICAL COMPANY LIMITED,
Plaintiff-Appellee,
and
TAP PHARMACEUTICAL PRODUCTS, INC.,
Plaintiff-Appellee,
v.
TEVA PHARMACEUTICALS USA, INC.
and TEVA PHARMACEUTICAL INDUSTRIES LTD.,
Defendants-Appellants.
William F. Cavanaugh, Jr., Patterson, Belknap, Webb & Tyler LLP, of New York,
New York, argued for all plaintiffs-appellees. With him on the brief were Stuart E.
Pollack, Chad J. Peterman, and Melissa Mandrgoc.
Eric J. Lobenfeld, Hogan & Hartson LLP, of New York, New York, for plaintiff-
appellee Takeda Pharmaceutical Company Ltd. With him on the brief were Arlene L.
Chow, Tedd W. Van Buskirk, Dillon Kim; and Philippe Y. Riesen, of Tokyo, Japan.
Henry C. Dinger, Goodwin Procter LLP, of Boston, Massachusetts, argued for
defendants-appellants. On the brief were John L. North, Jeffrey J. Toney, Jeffrey D.
Blake, Darcy L. Jones, and David A. Reed, Sutherland Asbill & Brennan LLP, of Atlanta,
Georgia.
Appealed from: United States District Court for the District of Delaware
Judge Sue L. Robinson
NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2008-1314
TAKEDA PHARMACEUTIAL COMPANY LIMITED,
Plaintiff-Appellee,
and
TAP PHARMACEUTICAL PRODUCTS, INC.,
Plaintiff-Appellee,
v.
TEVA PHARMACEUTICALS USA, INC.
and TEVA PHARMACEUTICAL INDUSTRIES LTD.,
Defendants-Appellants.
Judgment
ON APPEAL from the United States District Court for the District of Delaware
in CASE NO(S). 06-CV-33
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
Per Curiam (MICHEL, Chief Judge, LINN, Circuit Judge, WARE*, District Judge).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
DATED November 7, 2008 /s/ Jan Horbaly
Jan Horbaly, Clerk
* Honorable James Ware, District Judge, United States District Court for the
Northern District of California, sitting by designation.