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IXCHEL PHARMA, LLC v. BIOGEN, INC.

No. 18-15258.

930 F.3d 1031 (2019)

IXCHEL PHARMA, LLC, Plaintiff-Appellant, v. BIOGEN, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2019.

Attorney(s) appearing for the Case

For Plaintiff-Appellant: Christopher Banys , Richard C. Lin , Banys, P.C., 1030 Duane Avenue, Santa Clara, California 95054.

For Defendant-Appellee: Mark S. Popofsky , Ropes & Gray LLP, 2099 Pennsylvania Ave., NW, Washington, D.C. 20006, Rocky Tsai , Ropes & Gray LLP, Three Embarcadero Center, San Francisco, California 94111.

Before: J. Clifford Wallace, Sandra S. Ikuta, and Morgan Christen, Circuit Judges.

ORDER CERTIFYING QUESTIONS TO THE CALIFORNIA SUPREME COURT

ORDER

We ask the California Supreme Court to resolve two open questions of state law. First, we need guidance in determining whether section 16600 of the California Business and Professions Code applies only to contracts between employers and employees, or also applies to contracts between two businesses. Second, the California Supreme Court has held that a plaintiff must plead an independently...

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