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TAKEDA PHARMACEUTICALS U.S.A., INC. v. GENENTECH, INC.

C.A. No. 2018-0384-MTZ.

TAKEDA PHARMACEUTICALS U.S.A., INC., TAKEDA PHARMACEUTICALS AMERICA, INC., and MILLENNIUM PHARMACEUTICALS, INC., Plaintiffs, v. GENENTECH, INC., Defendant.

Court of Chancery of Delaware.

Decided: March 26, 2019.

Attorney(s) appearing for the Case

Philip A. Rovner & Jonathan A. Choa , POTTER ANDERSON CORROON LLP, Wilmington, Delaware; William F. Cavanaugh , Irena Royzman , Jacob F. Siegel , Eric B. LaPre , & Sara A. Arrow , PATTERSON BELKNAP WEBB & TYLER LLP, New York, New York, Attorneys for Plaintiffs Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals America, Inc., and Millennium Pharmaceuticals, Inc.

Kelly E. Farnan & Blake Rohrbacher , RICHARDS, LAYTON & FINGER, P.A., Wilmington, Delaware; Robert W. Trenchard , Jane M. Love , & Mark H. Mixon, Jr. , GIBSON, DUNN & CRUTCHER LLP, New York, New York, Attorneys for Defendant Genentech, Inc.

MEMORANDUM OPINION

Two biotechnology companies are engaged in patent litigation in multiple European jurisdictions. In those cases, the alleged infringer has asserted a defense that it holds a license based on an agreement with a third company. In hopes of ending the foreign patent litigation, the alleged infringer...

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