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INFUTURIA GLOBAL LTD. v. SEQUUS PHARMACEUTICALS

No. 09-16378.

631 F.3d 1133 (2011)

INFUTURIA GLOBAL LTD., Plaintiff-Appellant, v. SEQUUS PHARMACEUTICALS, INC.; The Hebrew University of Jerusalem; Yechezkel Barenholz, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted January 31, 2011.

Filed February 7, 2011.

Attorney(s) appearing for the Case

Eric D. Pearson , Heygood, Orr & Pearson, Dallas, TX, for plaintiff-appellant Infuturia Global, Ltd.

Kathleen M. Sullivan , Quinn Emanuel Urquhart Oliver & Hedges LLP, New York, NY, for defendant-appellee Sequus Pharmaceuticals, Inc.

Before: JAY S. BYBEE, TIMOTHY M. TYMKOVICH, and N. RANDY SMITH, Circuit Judges.

OPINION

N.R. SMITH, Circuit Judge:

In this appeal, we primarily address the novel question whether, under 9 U.S.C. § 205, a district court has removal jurisdiction1 over a case where the defendant raises an affirmative defense related to an arbitral award falling under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U.S.T. 2517, 330 U.N.T.S. 38 as implemented by 9 U.S.C. &...

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