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from: United States District Court for the District of Delaware Judge Sue L. Robinson NOTE: This disposition is nonprecedential.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.