BAYER SCHERING PHARMA AG v. BARR LABORATORIES

Attorney(s) appearing for the Case

Peter B. Bensinger, Jr., Bartlit Beck Herman Palenchar & Scott LLP, of Chicago, IL, argued for plaintiffs-appellants. With him on the brief was Lawrence D. Rosenberg, Jones Day, of Washington, DC.

George C. Lombardi, Winston & Strawn LLP, of Chicago, IL, argued for defendant-appellee. With him on the brief were Bradley C. Graveline, Michael K. Nutter, Eric L. Broxterman and William P. Ferranti.

Nancy L. Tompkins, Townsend and Townsend and Crew LLP, of San Francisco, CA, for amicus curiae. With her on the brief was Mark T. Jansen. Of counsel on the brief were Cedric C.Y. Tan and Kristin M. Cooklin, of Washington, DC.

Opinion for the court filed by Circuit Judge MAYER. Dissenting opinion filed by Circuit Judge NEWMAN.