ACORDA THERAPEUTICS v. MYLAN PHARMACEUTICALS INC.

Nos. 2015-1456, 2015-1460.

817 F.3d 755 (2016)

ACORDA THERAPEUTICS INC., Alkermes Pharma Ireland Limited, Plaintiffs-Appellees v. MYLAN PHARMACEUTICALS INC., Mylan Inc., Defendants-Appellants. AstraZeneca AB, Plaintiff-Appellee v. Mylan Pharmaceuticals Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 18, 2016.


Attorney(s) appearing for the Case

Theodore B. Olson , Gibson, Dunn & Crutcher LLP, Washington, DC, argued for all plaintiffs-appellees in 2015-1456. Plaintiff-appellee Acorda Therapeutics Inc. also represented by Amir C. Tayrani ; Sylvia Becker , Kaye Scholer LLP, Washington, DC; Soumitra Deka , Daniel DiNapoli , Aaron Stiefel , Jeffrey T. Martin , New York, NY; Anthony Michael , Jane G. Wasman , Acorda Therapeutics, Inc., Ardsley, NY.

Maryellen Noreika , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE, for plaintiff-appellee Alkermes Pharma Ireland Limited. Also represented by Jack B. Blumenfeld , Jeremy A. Tigan .

Kannon K. Shanmugam , Williams & Connolly LLP, Washington, DC, argued for plaintiff-appellee in 2015-1460. Also represented by David M. Krinsky , Katherine Moran Meeks , Amy Mason Saharia .

Paul D. Clement , Bancroft PLLC, Washington, DC, argued for defendants-appellants. Also represented by David Zachary Hudson , Edmund Gerard LaCour, Jr. ; Douglas H. Carsten , Wilson, Sonsini, Goodrich & Rosati, PC, San Diego, CA.

Andrew John Pincus , Mayer Brown LLP, Washington, DC, for amicus curiae Chamber of Commerce of the United States of America. Also represented by Paul Whitfield Hughes ; Kathryn L. Comerford Todd , U.S. Chamber of Commerce, Washington, DC.

James Harold Wallace, Jr. , Wiley Rein, LLP, Washington, DC, for amicus curiae Generic Pharmaceutical Association. Also represented by A. Claire Frezza , Mark Pacella , Eric Harold Weisblatt .

William M. Jay , Goodwin Procter LLP, Washington, DC, for amicus curiae Teva Pharmaceuticals USA, Inc. Also represented by Brian Timothy Burgess .

Christopher J. Glancy , White & Case LLP, New York, NY, for amicus curiae Biotechnology Industry Organization. Also represented by Adam Gahtan .

David W. Ogden , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for amicus curiae Pharmaceutical Research and Manufacturers of America. Also represented by Thomas Saunders , Thomas Gregory Sprankling ; Kevin Scott Prussia , Boston, MA.

Carter Glasgow Phillips , Sidley Austin LLP, Washington, DC, for amici curiae Thomas C. Arthur, Richard D. Freer, Lisa A. Dolak, Megan M. LaBelle. Also represented by Ryan C. Morris , Anna Mayergoyz Weinberg .

Opinion for the court filed by Circuit Judge TARANTO. Opinion concurring in the judgment filed by Circuit Judge O'MALLEY.


These appeals involve two actions brought in the District of Delaware against generic drug manufacturer Mylan Pharmaceuticals Inc. One, assigned to Chief Judge Stark, was brought by brand-name drug manufacturers Acorda Therapeutics Inc. and Alkermes Pharma Ireland Ltd.; the other, assigned to Judge Sleet, was brought by brand...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases