FERRING B.V. v. ALLERGAN, INC.

2020-1098.

980 F.3d 841 (2020)

FERRING B.V., Ferring International Center SA, Ferring Pharmaceuticals Inc., Plaintiffs-Appellants v. ALLERGAN, INC., Allergan USA, Inc., Allergan Sales, LLC, Seymour H. Fein, Ronald V. Nardi, Defendants Serenity Pharmaceuticals Corporation, Serenity Pharmaceuticals, LLC, Reprise Biopharmaceutics, LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: November 10, 2020.


Attorney(s) appearing for the Case

Mary W. Bourke , Womble Bond Dickinson (US) LLP, Wilmington, DE, argued for plaintiffs-appellants. Also represented by Kristen Healey Cramer , Dana Kathryn Severance ; John W. Cox , Joshua A. Davis , Atlanta, GA.

Sarah Elizabeth Spires , Skiermont Derby LLP, Dallas, TX, argued for defendants-appellees. Also represented by Paul Skiermont .

Before O'Malley, Reyna, and Chen, Circuit Judges.


When a district court enters judgment at the summary judgment stage, it is at times difficult to discern on appeal whether the nonmovant failed to raise sufficient factual disputes to prevent judgment or the court acted despite such disputes. Where the matter adjudged is a quintessentially fact-laden one, such as the equitable...

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