ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

The Supreme Court having reversed the judgment of this Court and remanded this action for further proceedings in light of its opinion in PLIVA, Inc. v. Mensing, — U.S.-, 131 S.Ct. 2567, 180 L.Ed.2d 580 (2011), we vacate the district court’s order denying in part the motion to dismiss and remand for the entry of judgment in favor of the defendant-appellant, Actavis, Inc.

VACATED and REMANDED