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IN RE ACHAOGEN, INC.

Case No. 19-10844 (BLS) Adv. Proc. No. 21-50479 (BLS).

649 B.R. 238 (2023)

IN RE: ACHAOGEN, INC., Debtor. Edward E. Neiger, as Trustee of the Achaogen Plan Trust, Plaintiff, v. Cipla USA, Inc. Defendant.

United States Bankruptcy Court, D. Delaware.

Signed January 30, 2023.

Attorney(s) appearing for the Case

Justin R. Alberto, Esquire , Cole Schotz P.C., 500 Delaware Avenue, Suite 1410, Wilmington, DE 19801, Joseph L. Steinfeld, Jr., Esquire , Nicholas C. Brown, Esquire , ASK LLP, 2600 Eagan Woods Drive, Suite 400, St. Paul, MN 55121, Counsel to Plaintiff Edward E. Neiger, in his capacity as Plan Trustee of the Achaogen Plan Trust.

Jeremy W. Ryan, Esquire , Jesse L. Noa, Esquire , Potter Anderson & Corroon LLP, Hercules Plaza, 6th Floor, 1313 N. Market Street, Wilmington, DE 19801, Counsel to Defendant Cipla USA, Inc.

Re: Adv. Docket Nos. 9, 10, 19 and 21

MEMORANDUM OPINION1

The matter before the Court is defendant Cipla USA, Inc's ("Cipla") motion to dismiss (the "Motion")

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