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TAKEDA PHARMACEUTICALS U.S.A. v. MYLAN PHARM.

2020-1407, 2020-1417.

967 F.3d 1339 (2020)

TAKEDA PHARMACEUTICALS U.S.A., INC., Plaintiff-Appellant v. MYLAN PHARMACEUTICALS INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 31, 2020.

Attorney(s) appearing for the Case

Porter F. Fleming , Haug Partners LLP, New York, NY, argued for plaintiff-appellant. Also represented by Edgar Haug , Jonathan Herstoff , Camille Yvette Turner .

Michael S. Sommer , Wilson, Sonsini, Goodrich & Rosati, PC, New York, NY, argued for defendant-appellee. Also represented by Jessica Margolis , Sheryl Shapiro Bassin , Stu A. Williams ; Shyamkrishna Palaiyanur , Perkins Coie LLP, Austin, TX.

Charles B. Klein , Winston & Strawn LLP, Washington, DC, for amici curiae Hikma Pharmaceuticals International Limited, Hikma Pharmaceuticals USA, Inc. Also represented by Dan Hoang , Chicago, IL.

Dissenting opinion filed by Circuit Judge Newman.

Takeda Pharmaceuticals U.S.A., Inc. appeals the decision of the United States District Court for the District of Delaware denying a preliminary injunction based on the court's conclusion that Takeda failed to show that it was likely to succeed on the merits or that it would be irreparably harmed absent a preliminary injunction...

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