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IXCHEL PHARMA, LLC v. BIOGEN, INC.

No. S256927.

9 Cal.5th 1130 (2020)

IXCHEL PHARMA, LLC, Plaintiff and Appellant, v. BIOGEN, INC., Defendant and Respondent.

Supreme Court of California.

August 3, 2020.

Attorney(s) appearing for the Case

Banys, Christopher D. Banys and Richard C. Lin for Plaintiff and Appellant.

California Appellate Law Group, Anna-Rose Mathieson , Greg Wolff ; Behmer & Blackford, Timothy S. Blackford ; Williams & Connolly, John E. Schmidtlein and Carl R. Metz for Beckman Coulter, Inc., as Amicus Curiae on behalf of Plaintiff and Appellant.

Ropes & Gray, Mark S. Popofsky , Rocky Chiu-Feng Tsai ; Greines, Martin, Stein & Richland and Laurie J. Hepler for Defendant and Respondent.

Gibson, Dunn & Crutcher, Thomas G. Hungar , Rachel S. Brass , Caeli A. Higney ; LevatoLaw and Ronald C. Cohen for California Chamber of Commerce and California Business Roundtable as Amici Curiae on behalf of Defendant and Respondent.

Lowenstein & Weatherwax and Kenneth J. Weatherwax for Amici Scholars as Amici Curiae.

Horvitz & Levy, Robert H. Wright , Jeremy B. Rosen ; Charis Lex and Sean P. Gates for Quidel Corporation as Amicus Curiae.

OPINION

This case presents two questions about the bounds of legitimate business competition under California tort and antitrust law. Plaintiff Ixchel Pharma, LLC (Ixchel), a biotechnology company, entered into an agreement with Forward Pharma (Forward) to jointly develop a drug for the treatment of a disorder called Friedreich...

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