Teva Pharmaceuticals USA, Inc., Through Its Gate Pharmaceuticals Division v. Eisai Co., Ltd. and Eisai Medical Research, Inc.

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
TEVA PHARMACEUTICALS USA, INC.,
THROUGH ITS GATE PHARMACEUTICALS
DIVISION,
Plaintiff-Appellant,
v.
EISAI CO., LTD. AND EISAI MEDICAL RESEARCH,
INC.,
Defendants-Appellees.
__________________________
2009-1593
__________________________
Appeal from the United States District Court for the
District of New Jersey in case no. 08-CV-2344, Chief
Judge Garrett E. Brown, Jr.
__________________________
O R D E R
Upon consideration of the order of the Supreme Court
of the United States in Eisai Co., Ltd., et al., v. Teva
Pharmaceuticals USA, Inc. Through Its Gate Pharmaceu-
ticals Division, --- S.Ct. ---- (2011), vacating this court’s
judgment,
IT IS O RDERED THAT:

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TEVA PHARMACEUTICALS v. EISAI CO 2
(1) The mandate of this court issued on December 13,
2010 is recalled, the appeal is reinstated, and this court’s
October 6, 2010 judgment is vacated.
(2) The appeal is remanded to the district court with
instructions to dismiss the complaint as moot.
FOR THE C OURT
July 21, 2011
——————————
Date
/s/ Jan Horbaly
——————————
Jan Horbaly
Clerk
cc: Francis C. Lynch, Esq.
Bruce M. Wexler, Esq.

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