Corrected: November 10, 2008 United States Court of Appeals for the Federal Circuit

2008-1314

TAKEDA PHARMACEUTICAL COMPANY LIMITED,

Plaintiff-Appellee,

and

TAP PHARMACEUTICAL PRODUCTS, INC.,

Plaintiff-Appellee,

v.

TEVA PHARMACEUTICALS USA, INC.

and TEVA PHARMACEUTICAL INDUSTRIES LTD.,

Defendants-Appellants.

William F. Cavanaugh, Jr., Patterson, Belknap, Webb & Tyler LLP, of New York, New York, argued for all plaintiffs-appellees. With him on the brief were Stuart E. Pollack, Chad J. Peterman, and Melissa Mandrgoc.

Eric J. Lobenfeld, Hogan & Hartson LLP, of New York, New York, for plaintiff- appellee Takeda Pharmaceutical Company Ltd. With him on the brief were Arlene L. Chow, Tedd W. Van Buskirk, Dillon Kim; and Philippe Y. Riesen, of Tokyo, Japan.

Henry C. Dinger, Goodwin Procter LLP, of Boston, Massachusetts, argued for defendants-appellants. On the brief were John L. North, Jeffrey J. Toney, Jeffrey D. Blake, Darcy L. Jones, and David A. Reed, Sutherland Asbill & Brennan LLP, of Atlanta, Georgia. Appealed from: United States District Court for the District of Delaware Judge Sue L. Robinson

NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2008-1314

TAKEDA PHARMACEUTIAL COMPANY LIMITED,

Plaintiff-Appellee,

and

TAP PHARMACEUTICAL PRODUCTS, INC.,

Plaintiff-Appellee,

v.

TEVA PHARMACEUTICALS USA, INC.

and TEVA PHARMACEUTICAL INDUSTRIES LTD.,

Defendants-Appellants.

Judgment ON APPEAL from the United States District Court for the District of Delaware in CASE NO(S). 06-CV-33 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

Per Curiam (MICHEL, Chief Judge, LINN, Circuit Judge, WARE*, District Judge).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT DATED November 7, 2008 /s/ Jan Horbaly

Jan Horbaly, Clerk * Honorable James Ware, District Judge, United States District Court for the Northern District of California, sitting by designation.