Teva Pharmaceuticals v. Impax Labs

• Court: Superior Court of Pennsylvania
• Decided: November 2, 2018
• Docket: 2920 EDA 2017
• Status: Unpublished

Opinion

J-A08011-18

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37

TEVA PHARMACEUTICALS USA, INC. : IN THE SUPERIOR COURT OF AND TEVA PHARMACEUTICALS : PENNSYLVANIA CURACAO N.V. : : v. : : IMPAX LABORATORIES, INC., : : Appellant : No. 2920 EDA 2017

Appeal from the Order Dated August 23, 2017 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): February Term, 2017, No. 03632

BEFORE: PANELLA, J., LAZARUS, J., and STRASSBURGER, J.*

CONCURRING AND DISSENTING MEMORANDUM BY STRASSBURGER,

J.: FILED NOVEMBER 02, 2018

I disagree with the learned Majority’s conclusion that the trial court’s

order is a collateral order. However, since a majority of the panel has held

that the order is collateral and thus appealable, I join the Majority in affirming

the order on the merits.

*Retired Senior Judge assigned to the Superior Court.