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ASAHI KASEI PHARMA CORP. v. ACTELION LTD.

No. A133927.

222 Cal.App.4th 945 (2013)

166 Cal. Rptr. 3d 134

ASAHI KASEI PHARMA CORPORATION, Plaintiff and Appellant, v. ACTELION LTD. et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Five.

As modified January 16, 2014.

Attorney(s) appearing for the Case

Morgan, Lewis & Bockius, Thomas M. Peterson , Rollin B. Chippey II , Benjamin P. Smith , Christopher J. Banks and Tera M. Heintz for Plaintiff and Appellant.

Mayer Brown , Evan M. Tager , Craig W. Canetti , Lee N. Abrams , Donald M. Falk ; Cotchett, Pitre & McCarthy, Joseph W. Cotchett and Nancy L. Fineman for Defendants and Appellants Actelion Ltd., Actelion Pharmaceuticals Ltd., Actelion Pharmaceuticals US, Inc., and Actelion U.S. Holding Company.

Ropers, Majeski, Kohn & Bentley and Susan H. Handelman for Defendants and Appellants Jean-Paul Clozel, Martine Clozel and Simon Buckingham.

[CERTIFIED FOR PARTIAL PUBLICATION*]

OPINION

BRUINIERS, J. —

Asahi Kasei Pharma Corporation (Asahi) is a Japanese corporation which develops and markets pharmaceutical products and medical devices. One of its products is Fasudil, a drug which Asahi sought to market in the United States (U.S.) for treatment of pulmonary arterial hypertension (PAH). In order to obtain regulatory approvals...

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