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Eisai Co. v. Teva Pharmaceuticals USA

Docket No. Op. Below Argument Opinion Vote Author Term
10-1070 Fed. Cir. Not Argued Jun 13, 2011 TBD TBD OT 2010

Issue: When a case becomes moot as the result of a third party’s independent action after the court of appeals issues a judgment but while a petition for rehearing is still pending, should the court of appeals vacate the judgment upon the request of the aggrieved party?

Judgment: Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950). on June 13, 2011.

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