UNITED FOOD & COMMERCIAL WORKERS v. TAKEDA PHARMA.

Docket No. 20-1994-cv August Term 2020. Docket No. 20-2002-cv.

11 F.4th 118 (2021)

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 1776 & PARTICIPATING EMPLOYERS HEALTH AND WELFARE FUND, individually and on behalf of all others similarly situated, Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund, 199 SEIU-National Benefit Fund, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, Crosby Tugs, LLC, International Union of Operating Engineers Local 132 Health and Welfare Fund, A.F. OF L. — A.G.C. Buildings Trade Welfare Plan, individually and on behalf of all others similarly situated, Painters District Council No. 30 Health and Welfare Fund, Individually and on Behalf of All Others Similarly Situated, NECA-IBEW Welfare Trust Fund, individually and on behalf of all others similarly situated, City of Providence, Rhode Island, individually and on behalf of all others similarly situated, Minnesota and North Dakota Bricklayers and Allied Craftworkers Health Fund, on behalf of themselves and all others similarly situated, Greater Metropolitan Hotel Employers-Employees Health and Welfare Fund, on behalf of themselves and all other similarly situated, Local 17 Hospitality Benefit Fund, on behalf of itself and all others similarly situated, New England Electrical Workers Benefit Fund, Individually and on behalf of all others similarly situated, Dennis Kreish, on behalf of himself and all others similarly situated, Man-U Service Contract Trust Fund, on behalf of themselves and all others similarly situated, Teamsters Union Local 115 Health & Welfare Fund, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. TAKEDA PHARMACEUTICAL COMPANY LIMITED, Takeda America Holdings, Inc., Takeda Pharmaceuticals U.S.A., Inc., Takeda Development Center Americas, Inc., Defendants-Appellants. Meijer, Inc., Meijer Distribution, Inc., Cesar Castillo, Inc., Individually and on behalf of all those similarly situated, Plaintiffs-Appellees, American Sales Company, LLC, on behalf of itself and all others similarly situated, Plaintiff, v. Takeda Pharmaceutical Company Limited, Takeda America Holdings, Inc., Takeda Pharmaceuticals, U.S.A., Inc., Takeda Development Center Americas, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 25, 2021.


Attorney(s) appearing for the Case

STEVEN A. REED , Morgan, Lewis & Bockius LLP, Philadelphia, PA ( R. Brandan Fee , Morgan, Lewis & Bockius LLP, Philadelphia, PA; Scott A. Stempel , Morgan, Lewis & Bockius LLP, Washington, DC; Alexander J. Scolnik , Morgan, Lewis & Bockius LLP, New York, NY, on the brief) for Defendants-Appellants.

STEVE D. SHADOWEN , Hilliard & Shadowen LLP, Austin, TX ( Jayne A. Goldstein , Shepherd Finkelman Miller & Shah LLP, Ft. Lauderdale, FL; Kenneth A. Wexler , Wexler Wallace LLP, Chicago, IL; Michael M. Buchman , Motley Rice LLC, New York, NY, on the brief), for Plaintiffs-Appellees United Food and Commercial Workers Local 1776 et al.

THOMAS SOBOL , Hagens Berman Sobol Shapiro LLP, Cambridge, MA ( Gregory T. Arnold , Hagens Berman Sobol Shapiro LLP, Cambridge, MA; Linda P. Nussbaum , Nussbaum Law Group, P.C., New York, NY, on the brief), for Plaintiffs-Appellees Meijer, Inc. et al.

Before: Livingston, Chief Judge, Wesley, Carney, Circuit Judges.


Defendants-Appellants in these tandem cases (collectively, "Takeda") are a brand pharmaceutical manufacturer and related entities that began producing and marketing the Type-2 diabetes drug ACTOS in 1999. To lawfully market ACTOS, Takeda obtained the patent rights for pioglitazone...

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