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PHYSICIANS HEALTHSOURCE, INC. v. CEPHALON, INC.

No. 18-3609.

954 F.3d 615 (2020)

PHYSICIANS HEALTHSOURCE, INC., an Ohio Corporation, individually and as the representative of a class of similarly-situated persons, Appellant v. CEPHALON, INC.; Cephalon Clinical Partners, L.P.; Cephalon Development Corporation; Scimedica Group, LLC; Scimedica Group Marketing Research and Consulting, LLC; John Does 1-10 and Scimedica Group, LLC; Scimedica Group Marketing Research and Consulting, LLC, Third-Party Plaintiffs v. Blitz Research, Inc., Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Opinion Filed: March 30, 2020.

Attorney(s) appearing for the Case

Jeffrey A. Berman, Esq. , Glenn L. Hara, Esq. , Anderson & Wanca, 3701 Algonquin Road, Suite 500, Rolling Meadows, IL 60008, Counsel for Appellant.

Nicholas H. Pennington, Esq. , Joseph E. Wolfson, Esq. , Stevens & Lee, 620 Freedom Business Center, Suite 200, King of Prussia, PA 19406, Counsel for Appellees Cephalon, Inc.; Cephalon Clinical Partners, LP; Cephalon Development Corp.

Sheryl S. Levy, Esq. Cooper Schall and Levy 1204 Township Line Road Drexel Hill, PA 19026 Counsel for Appellees, SciMedica Group, LLC; SciMedica Group Marketing Research and Consulting LLC.

Before: GREENAWAY, JR., PORTER, and COWEN, Circuit Judges.

OPINION OF THE COURT

In this digital age with myriad forms of communication, faxes no longer dominate, as they once did. Yet, faxes are the focus of our attention today. Although complicated by a phalanx of parties, the essence of this dispute is whether a pharmaceutical company violated a federal statute...

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