Sucampo Pharmaceuticals, Inc. v. Astellas Pharma, Inc.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Chief Judge WILKINS and Judge Spencer joined.

OPINION

GREGORY, Circuit Judge.

Sucampo Pharmaceuticals, Inc. (“Appellant” or “Sucampo”) appeals the dismissal of its breach of contract claims against Astellas Pharma, Inc. (“Appellee” or “As-tellas”) on the basis of a forum-selection clause contained in the parties’ licensing agreement. Because we find that the safety agreement under which Sucampo sued was at least “incidental to” the licensing agreement, and thus governed by the forum-selection clause requiring Sucampo to…