No. 21-1781.

48 F.4th 18 (2022)

AMYNDAS PHARMACEUTICALS, S.A. and Amyndas Pharmaceuticals, LLC, Plaintiffs, Appellants, v. ZEALAND PHARMA A/S and Zealand Pharma U.S., Inc., Defendants, Appellees, Alexion Pharmaceuticals, Inc., Defendant.

United States Court of Appeals, First Circuit.

September 2, 2022.

Attorney(s) appearing for the Case

Robert E. Counihan , with whom David K. Tellekson , Jessica M. Kaempf , Deena J. Greenberg Feit , Todd R. Gregorian , Fenwick & West LLP, Russell Beck , and Beck Reed Riden LLP were on brief, for appellants.

Edwina Clarke , with whom Kevin P. Martin , Robert D. Carroll , Huiya Wu , Tiffany Mahmood , and Goodwin Procter LLP were on brief, for appellees.

Before Barron, Chief Judge, Selya and Kayatta, Circuit Judges.

When biotech firms engage in the entrepreneurial equivalent of musical chairs, one firm sometimes gets left out in the cold. That is essentially what happened here — and it led to the litigation described below.

The music began with serial decisions by plaintiffs Amyndas Pharmaceuticals, S.A., now known as Amyndas...

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