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TAKEDA PHARMACEUTICALS v. WEST-WARD PHARMACEUTICAL

Nos. 2015-1139, 2015-1142.

785 F.3d 625 (2015)

TAKEDA PHARMACEUTICALS U.S.A., INC., Plaintiff-Appellant v. WEST-WARD PHARMACEUTICAL CORPORATION, Hikma Americas Inc., Hikma Pharmaceuticals PLC, Defendants-Cross-Appellants.

United States Court of Appeals, Federal Circuit.

May 6, 2015.

Attorney(s) appearing for the Case

Jeffrey I. Weinberger , Munger, Tolles & Olson LLP, Los Angeles, CA, argued for plaintiff-appellant. Also represented by Ted G. Dane, Elizabeth Laughton; Eric Kelvin Chiu, Amy Greywitt, San Francisco, CA; Mary W. Bourke, Womble, Carlyle, Sandridge & Rice, PLLC, Wilmington, DE; Tryn T. Stimart, Tysons Corner, VA.

Charles B. Klein , Winston & Strawn LLP, Washington, DC, argued for defendants-cross appellants. Also represented by Jovial Wong, Steffen Nathanael Johnson; Samuel S. Park, Chicago, IL; William G. James, II, William M. Jay, Goodwin Procter LLP, Washington, DC.

Edward A. Marshall , Arnall Golden Gregory LLP, Atlanta, GA, for amicus curiae The American College of Rheumatology.

Melissa Arbus Sherry , Latham & Watkins LLP, Washington, DC, for amicus curiae Generic Pharmaceutical Association.

Dissenting opinion filed by Circuit Judge NEWMAN.

Takeda Pharmaceuticals U.S.A., Inc. ("Takeda") appeals the order of the United States District Court for the District of Delaware denying its motion for preliminary injunction. Takeda sought to enjoin West-Ward Pharmaceutical Corporation, Hikma Americas Inc., and Hikma Pharmaceuticals PLC (collectively "Hikma") from continuing...

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