Sandoz Inc v. United Therapeutics Corporation

Circuit 3Oct 7, 2026

Split Score

SplitScore: 38/100

Case Summary

Disposition

Reversed in Part

The Third Circuit reviewed cross-appeals in a dispute between United Therapeutics and generic manufacturer Sandoz (with RareGen) arising out of restrictions on cartridges used to administer treprostinil. The court reversed summary judgment for Sandoz on its breach-of-contract claim, remanded the tortious-interference claim for separate consideration, affirmed dismissal of the federal antitrust and unfair-trade-practice claims, and upheld admission of Sandoz’s damages expert, thereby vacating the damages award and remanding for further proceedings.

View Full Opinion Document (PDF)

Circuit Split Identified

Legal Issue

Whether, under Federal Rule of Appellate Procedure 28(i), a party that adopts sections of a co-party’s appellate brief must count those adopted words toward the word-limit set by Rule 28.1(e).

Circuit Positions

Circuit 3(this circuit)Circuit 8Circuit 10

Adoption by reference does NOT count toward Rule 28.1(e) word limits.

Adoption by reference DOES count toward Rule 28.1(e) word limits.

Conflict Summary

The Federal Circuit has held that incorporations by reference under Rule 28(i) count toward the word limit, whereas the Eighth and Tenth Circuits have held the opposite, concluding that the word-limit is not implicated because the court must in any event read the adopted brief. In this opinion, the Third Circuit expressly joins the Eighth and Tenth Circuits and rejects the Federal Circuit’s approach.

Parties & Counsel

Parties

Appellant:United Therapeutics Corporation (consolidated cross-appeals also filed by Sandoz, Inc. and RareGen, LLC)
Appellee:Sandoz, Inc. and RareGen, LLC (with cross-appeal positions)

Legal Counsel

Appellant:Williams & Connolly LLP; Blank Rome LLP
Appellee:Alston & Bird LLP; Cooley LLP; Marino Tortorella & Boyle, P.C.