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AKEBIA THERAPEUTICS, INC. v. FIBROGEN, INC.

No. 15-15274.

793 F.3d 1108 (2015)

AKEBIA THERAPEUTICS, INC., Petitioner-Appellee, v. FIBROGEN, INC., Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2015.

Attorney(s) appearing for the Case

Philip L. Hirschhorn (argued), Buchanan Ingersoll & Rooney PC, New York, N.Y.; S. Lloyd Smith , Todd R. Walters , Buchanan Ingersoll & Rooney PC, Alexandria, VA; Steven A. Ellis , Goodwin Procter LLP, Los Angeles, CA, for Respondent-Appellant.

Lawrence D. Rosenberg (argued), Jones Day, Washington, D.C.; Gregory Louis Lippetz , Jones Day, Palo Alto, CA; J. Patrick Elsevier , Jones Day, San Diego, CA, for Petitioner-Appellee.

Opinion by Judge CRABER; Concurrence by Judge WATFORD.

OPINION

Respondent FibroGen, Inc., appeals the district court's order granting an ex parte application, filed by Petitioner Akebia Therapeutics, Inc., pursuant to 28 U.S.C. § 1782, for discovery in aid of foreign proceedings. The district court held, among other things, that Akebia was an "interested

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