ADAPT PHARMA OPERATIONS LTD. v. TEVA PHARMA. USA

2020-2106.

25 F.4th 1354 (2022)

ADAPT PHARMA OPERATIONS LIMITED, Adapt Pharma, Inc., Adapt Pharma Limited, Opiant Pharmaceuticals, Inc., Plaintiffs-Appellants v. TEVA PHARMACEUTICALS USA, INC., Teva Pharmaceuticals Industries, Ltd., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: February 10, 2022.


Attorney(s) appearing for the Case

Catherine Emily Stetson , Hogan Lovells US LLP, Washington, DC, argued for all plaintiffs-appellants. Plaintiffs-appellants Adapt Pharma Operations Limited, Adapt Pharma, Inc., Adapt Pharma Limited also represented by Jessamyn Sheli Berniker , David M. Krinsky , Jessica Palmer Ryen , Williams & Connolly LLP, Washington, DC.

Jessica Tyrus Mackay , Green, Griffith & Borg-Breen LLP, Chicago, IL, for plaintiff-appellant Opiant Pharmaceuticals, Inc.

John Christopher Rozendaal , Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for defendants-appellees. Also represented by Paul Ashley Ainsworth , Michael E. Joffre , Adam LaRock , William Milliken , Chandrika Vira ; Liza M. Walsh , Walsh Pizzi O'Reilly Falanga LLP, Newark, NJ.

Dissenting opinion filed by Circuit Judge Newman.


Adapt Pharma Operations Limited, Adapt Pharma, Inc., Adapt Pharma Limited, and Opiant Pharmaceuticals, Inc. (collectively, "Adapt") appeal the United States District Court for the District of New Jersey's final judgment of invalidity. After a two-week bench trial, the district court determined that the asserted claims of U...

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