County of Santa Clar v. Astra USA, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

COUNTY OF SANTA CLARA, 

Plaintiff-Appellant, v.

ASTRA USA, INC.; ASTRAZENECA

PHARMACEUTICALS LP; AVENTIS

PHARMACEUTICALS, INC.; BAYER No. 06-16471

CORPORATION; BRISTOL-MYERS

D.C. No.

SQUIBB COMPANY; PFIZER, INC.;

SCHERING-PLOUGH CORPORATION  CV-05-03740-WHA

TAP PHARMACEUTICAL PRODUCTS, ORDER AND

INC.; ZENECCA INC.; ZLB BEHRING OPINION*

LLC; SMITHKLINE BEECHAM

CORPORATION; SMITHKLINE

BEECHAM CORPORATION, dba GlaxoSmithKline; WYETH, INC.;

WYETH PHARMACEUTICALS, INC.,

Defendants-Appellees.  Appeal from the United States District Court for the Northern District of California William H. Alsup, District Judge, Presiding

Argued and Submitted March 11, 2008—San Francisco, California

*After we published an opinion in this case and remanded it to the dis- trict court, the district court certified a subsequent immediate appeal, No. 09-15216, under 28 U.S.C. § 1292(b) so that we could clarify a statement in the opinion that had an unexpected bearing on a discovery issue. Because reconsideration…