Takeda Pharmaceuticals U.s.a., Inc. v. Alkem Laboratories Limited, Ascend Laboratories, LLC

NOTE: This disposition is nonprecedential.

United States Court of Appeals
for the Federal Circuit
______________________

TAKEDA PHARMACEUTICALS U.S.A., INC.,
Plaintiff-Appellant

v.

ALKEM LABORATORIES LIMITED, ASCEND
LABORATORIES, LLC,
Defendants-Appellees
______________________

2020-1545
______________________

Appeal from the United States District Court for the
District of Delaware in No. 1:20-cv-00325-RGA, Judge
Richard G. Andrews.
______________________

Decided: July 31, 2020
______________________

P
ORTER F. FLEMING, Haug Partners LLP, New York,
NY, argued for plaintiff-appellant. Also represented by
EDGAR HAUG, JONATHAN HERSTOFF, CAMILLE YVETTE
TURNER.

TERESA MARIE SUMMERS, Wiley Rein, LLP, Washing-
ton, DC, argued for defendants-appellees. Also repre-
sented by N
EAL SETH , LAWRENCE M. SUNG.

Case: 20-1545 Document: 77 Page: 1 Filed: 07/31/2020

TAKEDA PHARMACEUTICALS U.S.A. v. ALKEM LABORATORIES
LIMITED

2
CHARLES B. KLEIN, Winston & Strawn LLP, Washing-
ton, DC, for amici curiae Hikma Pharmaceuticals Interna-
tional Limited, Hikma Pharmaceuticals USA, Inc. Also
represented by DAN HOANG, Chicago, IL.
______________________

Before PROST, Chief Judge, NEWMAN and HUGHES, Circuit
Judges.
Opinion for the court filed by Chief Judge PROST.
Dissenting opinion filed by Circuit Judge NEWMAN.
PROST, Chief Judge.
Takeda Pharmaceuticals U.S.A., Inc., appeals the deci-
sion of the United States District Court for the District of
Delaware denying a preliminary injunction based on the
court’s conclusion that Takeda failed to show that it was
likely to succeed on the merits or that it would be irrepara-
bly harmed absent a preliminary injunction. For the rea-
sons stated in Takeda Pharmaceuticals U.S.A., Inc. v.
Mylan Pharmaceuticals Inc., No. 20-1407 (Fed. Cir.
July 31, 2020), we affirm the district court’s denial of
Takeda’s request for a preliminary injunction.
AFFIRMED
Case: 20-1545 Document: 77 Page: 2 Filed: 07/31/2020

NOTE: This disposition is nonprecedential.

United States Court of Appeals
for the Federal Circuit
______________________

TAKEDA PHARMACEUTICALS U.S.A., INC.,
Plaintiff-Appellant

v.

ALKEM LABORATORIES LIMITED, ASCEND
LABORATORIES, LLC,
Defendants-Appellees
______________________

2020-1545
______________________

Appeal from the United States District Court for the
District of Delaware in No. 1:20-cv-00325-RGA, Judge
Richard G. Andrews.
______________________

N
EWMAN, Circuit Judge, dissenting.
This appeal is from the district court’s denial of
injunctive relief, despite the settlement license provisions
of irreparable harm and immediate injunctive relief. My
colleagues’ refusal to enforce the settlement terms violates
fundamental contract law, and negates precedent and the
strong public policy favoring settlement of litigation on
agreed terms. For the reasons elaborated in today’s
decision on a substantively identical contract, in Takeda
Pharmaceuticals U.S.A., Inc. v. Mylan Pharmaceuticals
Case: 20-1545 Document: 77 Page: 3 Filed: 07/31/2020

TAKEDA PHARMACEUTICALS U.S.A. v. ALKEM LABORATORIES
LIMITED

2
Inc., No. 20-1407 (Fed. Cir. July 31, 2020) (Newman, J.,
dissenting), I respectfully dissent.
Case: 20-1545 Document: 77 Page: 4 Filed: 07/31/2020