ABBOTT LABORATORIES v. TAKEDA PHARMACEUTICAL

No. 06-1835.

476 F.3d 421 (2007)

ABBOTT LABORATORIES, Plaintiff-Appellant, v. TAKEDA PHARMACEUTICAL COMPANY LIMITED, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 2, 2007.


Attorney(s) appearing for the Case

Christopher Landau (argued), Kirkland & Ellis, Washington, DC, for Plaintiff-Appellant.

Thomas P. Sullivan, Terri L. Mascherin (argued), Jenner & Block, Chicago, IL, for Defendants-Appellees.

Before POSNER, RIPPLE, and WOOD, Circuit Judges.


POSNER, Circuit Judge.

In 1977, Abbott Laboratories and the Japanese pharmaceuticals manufacturer Takeda formed a 50-50 joint venture, Takeda-Abbott Products, to engage in pharmaceutical research and development. In 1985 the parties converted it into a Delaware corporation, TAP Pharmaceuticals, which they continued to own equally; each of the joint venturers was therefore entitled to choose half the members of TAP's board of directors. The 1985 agreement also expanded...

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