APOTEX INC. v. ACORDA THERAPEUTICS, INC.

Docket No. 14-4353-cv.

823 F.3d 51 (2016)

APOTEX INC., et al., Plaintiffs-Appellants, v. ACORDA THERAPEUTICS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 16, 2016.


Attorney(s) appearing for the Case

Keith D. Parr (with Joseph N. Froehlich , Scott B. Feder , Hugh S. Balsam , James T. Peterka , and Andy J. Miller on the brief), Locke Lord LLP, Chicago, IL, for Appellants Apotex Incorporated & Apotex Corporation.

John W. Nields, Jr. (with Jason C. Raofield and Colin P. Watson on the brief), Covington & Burling LLP, Washington, D.C. for Appellee Acorda Therapeutics, Inc.

Before: JACOBS, LIVINGSTON and DRONEY, Circuit Judges.


The parties are rival manufacturers of tizanidine, a drug for treating spasticity. Plaintiffs Apotex Incorporated and Apotex Corporation (collectively "Apotex") allege that defendant Acorda Therapeutics, Inc. ("Acorda") (i) filed a sham citizen petition with the Food and Drug Administration ("FDA") to hinder approval...

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