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MEHTA v. OCULAR THERAPEUTIX, INC.

No. 19-1557.

955 F.3d 194 (2020)

Kavita MEHTA; William L. Stephens; Khaled Ramadan; Oleg Tkalych, Plaintiffs-Appellants, Thomas Gallagher, individually and on behalf of all others similarly situated; Dylan Caraker, individually and on behalf of all others similarly situated; Shawna Kim, individually and on behalf of all others similarly situated, Plaintiffs, v. OCULAR THERAPEUTIX, INC.; Amarpreet Sawhney; Andrew Hurley; George Migausky; Eric Ankerud, Defendants-Appellants.

United States Court of Appeals, First Circuit.

April 9, 2020.

Attorney(s) appearing for the Case

Jeremy A. Lieberman , with whom Austin P. Van , Pomerantz LLP, New York, NY, Robert V. Prongay , Kara M. Wolke , Glancy Prongay & Murray LLP, Los Angeles, CA, Glen DeValerio , Daryl Andrews , and Andrews DeValerio LLP were on brief, for plaintiffs-appellants.

Michael G. Bongiorno , New York, NY, with whom Peter J. Kolovos , Boston, MA, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for defendants-appellants.

Before Thompson, Stahl, and Barron, Circuit Judges.

In September 2015, Ocular Therapeutix, Inc. ("Ocular" or the "company"), a public, Massachusetts-based biopharmaceutical company, submitted a New Drug Application ("NDA") to the United States Food and Drug Administration ("FDA") for approval of its drug product, Dextenza,1 for treatment of ocular...

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