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AZURITY PHARMACEUTICALS, INC. v. EDGE PHARMA, LLC

No. 21-1492.

45 F.4th 479 (2022)

AZURITY PHARMACEUTICALS, INC., Plaintiff, Appellant, v. EDGE PHARMA, LLC, Defendant, Appellee.

United States Court of Appeals, First Circuit.

August 12, 2022.

Attorney(s) appearing for the Case

James H. Hulme , with whom Nadia A. Patel , Valerie C. Samuels , and Arent Fox LLP were on brief, for appellant.

Robert J. Fluskey, Jr. , with whom Linda L. Morkan , William J. Egan , Julianna M. Charpentier , Robinson & Cole LLP, and Hodgson Russ LLP were on brief, for appellee.

Before Barron, Chief Judge, Howard and Thompson, Circuit Judges.

Azurity Pharmaceuticals, Inc. ("Azurity") is a specialty pharmaceutical company. It markets a hydrochloride vancomycin drug that received pre-market approval from the United States Food and Drug Administration ("FDA"). Edge Pharma, LLC ("Edge") is a drug compounding company. It markets a hydrochloride vancomycin drug that competes...

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