Ascendis Pharma A/S v. Biomarin Pharmaceutical Inc., No. 26-1026 (Fed. Cir. Mar. 26, 2026)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Under 28 U.S.C. § 1659(a)(2), a respondent in a pro- ceeding before the United States International Trade Com- mission may seek to stay a district court action involving the same parties and same issues if the request is made within certain specified time limits. A stay under § 1659(a)(2) is mandatory and cannot be lifted until the Commission’s determination becomes final.