H&H Pharmaceuticals, LLC v. Chattem Chemicals, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

H&H PHARMACEUTICALS, LLC, No. 23-15055

Plaintiff-Appellant, D.C. No. 2:16-cv-02148-GMN-VCF v.

CHATTEM CHEMICALS, INC.; SUN MEMORANDUM*

PHARMACEUTICALS INDUSTRIES,

INC.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding

Argued and Submitted March 8, 2024 Las Vegas, Nevada

Before: M. SMITH, BENNETT, and COLLINS, Circuit Judges.

H&H Pharmaceuticals, LLC (H&H) appeals from the district court’s final

judgment in favor of Chattem Chemicals, Inc. (Chattem) and its parent entity, Sun

Pharmaceuticals, Inc. (Sun). We have jurisdiction pursuant to 28 U.S.C. § 1291.

We review de novo the district court’s decision to dismiss for failure to state a claim.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Transmission Agency of N. Cal. v. Sierra Pac. Power Co., 295 F.3d 918, 927…