Teva Pharmaceuticals v. Eisai Co ( 2011 )

NOTE: This order is nonprecedential.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. __________________________ ORDER 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 ORDERED THAT: 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 COURT July 21, 2011 /s/ Jan Horbaly —————————— —————————— Date Jan Horbaly Clerk cc: Francis C. Lynch, Esq. Bruce M. Wexler, Esq.