Case: 20-1545   Document: 77     Page: 1   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        NOTE: This disposition is nonprecedential.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.
                 ______________________

                 Decided: July 31, 2020
                 ______________________

    PORTER 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 NEAL SETH , LAWRENCE M. SUNG.
Case: 20-1545    Document: 77      Page: 2    Filed: 07/31/2020




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


     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: 3   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         NOTE: This disposition is nonprecedential.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.
                 ______________________

 NEWMAN, 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: 4     Filed: 07/31/2020




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


 Inc., No. 20-1407 (Fed. Cir. July 31, 2020) (Newman, J.,
 dissenting), I respectfully dissent.
