TAKEDA PHARMACEUTICALS INC v. ALKEM LABORATORIES LIMITED LLC (2020)

Takeda Pharmaceuticals U.S.A., Inc., appeals the decision 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 irreparably harmed absent a preliminary injunction. For the reasons stated in Takeda Pharmaceuticals U.S.A., Inc. v. Mylan Pharmaceuticals Inc., No. 20-1407, ––– F.3d ––––, 2020 WL 4379027 (Fed. Cir. July 31, 2020), we affirm the district court's denial of Takeda's request for a preliminary injunction.

AFFIRMED

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 Inc., No. 20-1407, ––– F.3d ––––, 2020 WL 4379027 (Fed. Cir. July 31, 2020) (Newman, J., dissenting), I respectfully dissent.

Prost, Chief Judge.

Opinion for the court filed by Chief Judge Prost.Dissenting opinion filed by Circuit Judge Newman.