SUCAMPO PHARMACEUTICALS, INCORPORATED v. ASTELLAS PHARMA, INCORPORATED

No. 06-1036.

471 F.3d 544 (2006)

SUCAMPO PHARMACEUTICALS, INCORPORATED, a Delaware corporation, Plaintiff-Appellant, v. ASTELLAS PHARMA, INCORPORATED, formerly known as Fujisawa Pharmaceutical Company, Limited, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 22, 2006.


Attorney(s) appearing for the Case

ARGUED: James D. Dasso, FOLEY & LARDNER, L.L.P., Chicago, Illinois, for Appellant.

Karen L. Hagberg, MORRISON & FOERSTER, L.L.P., New York, New York, for Appellee.

ON BRIEF: Derek L. Wright, FOLEY & LARDNER, L.L.P., Chicago, Illinois; Vineeta A. Bathia, FOLEY & LARDNER, L.L.P., Washington, D.C., for Appellant.

Kyle W.K. Mooney, MORRISON & FOERSTER, L.L.P., New York, New York, for Appellee.

Before: WILKINS, Chief Judge, GREGORY, Circuit Judge, and James R. SPENCER, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Judge Gregory wrote the opinion, in which Chief Judge Wilkins and Judge Spencer joined.

OPINION

GREGORY, Circuit Judge.

Sucampo Pharmaceuticals, Inc. ("Appellant" or "Sucampo") appeals the dismissal of its breach of contract claims against Astellas Pharma, Inc. ("Appellee" or "Astellas") on the basis of a forum-selection clause contained in the parties' licensing agreement. Because we find that the safety agreement...

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