King Drug Company of Florence, Inc. v. Smithkline Beecham Corporation, doing business as GLAXOSMITHKLINE

141243pa-pdfCourt of Appeals for the Third CircuitSep 23, 2015

Full text

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 14-1243
KING DRUG COMPANY OF FLORENCE, INC.;
LOUISIANA WHOLESALE DRUG CO., INC.,
on behalf of itself and all others similarly situated,
Appellants
v.
SMITHKLINE BEECHAM CORPORATION, doing business as
GLAXOSMITHKLINE; TEVA PHARMACEUTICAL INDUSTRIES LTD.;
TEVA PHARMACEUTICALS
_______________________
On Appeal from the United States District Court
for the District of New Jersey
D.C. Civil Action No. 2-12-cv-00995
District Judge: Honorable William H. Walls
______________
Before: AMBRO, SCIRICA, and ROTH, Circuit Judges
ORDER AMENDING OPINION
The Precedential Opinion which was filed on June 26, 2015 shall be amended with
respect to footnote 27 which appears on page 37 of the opinion. The footnote as
amended shall read in its entirety:
27. We do not believe that the no-AG agreement was in fact an "exclusive"
license. However, since the issue of whether such agreement is an exclusive
license is not necessary for our decision here, we will leave its determination for
another day.
This amendment does not alter the original filing date of the opinion and the Court’s
judgment.
By the Court,
s/ Anthony J. Scirica
Circuit Judge
Date: September 23, 2015

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