Legal Opinion

Akebia Therapeutics, Inc. v. Fibrogen, Inc.

Court of Appeals for the Ninth Circuit

Decided July 16, 2015No. 15-15274PublishedCited by 10 opinions

1Opinion of the Court

Opinion by Judge CRABER; Concurrence by Judge WATFORD.

OPINION

GRABER, Circuit Judge:

Respondent FibroGen, Inc., appeals the district court’s order granting an ex parte application, filed by Petitioner Akebia Therapeutics, Inc., pursuant to 28 U.S.C. § 1782, for discovery in aid of foreign proceedings. The district court held, among other things, that Akebia was an “interest-. *1110ed person” within the meaning of § 1782 and that the Japanese and European Patent Offices are “tribunals” to which § 1782 applies. It therefore granted Akebia’s application. Reviewing the district court’s decision for…

2Cases cited8 opinions

  1. Morton v. MancariSupreme Court of the United States · 1974
  2. Hollingsworth v. PerrySupreme Court of the United States · 2013
  3. United States v. Borden Co.Supreme Court of the United States · 1939
  4. Vivid Entertainment v. Jonathan FieldingCourt of Appeals for the Ninth Circuit · 2014
  5. Four Pillars Enterprises Co., Ltd v. Avery Dennison CorporationCourt of Appeals for the Ninth Circuit · 2002

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3Cited by10 opinions

  1. Certain Funds, Accounts And/Or Investment Vehicles v. KPMG, L.L.P.Court of Appeals for the Second Circuit · 2015
  2. Schlich v. Broad Inst., Inc. (In Re Schlich)Court of Appeals for the First Circuit · 2018
  3. Cpc Patent Technologies Pty Ltd. v. Apple Inc.Court of Appeals for the Ninth Circuit · 2024
  4. Brown v. U.S. Customs & Border ProtectionDistrict Court, N.D. California · 2015
  5. ALPINE PARTNERS (BVI) L.P. v. CURRANDistrict Court, D. New Jersey · 2024

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