DuPONT MERCK PHARMACEUTICAL v. BRISTOL-MYERS SQUIBB

No. 95-1410.

62 F.3d 1397 (1995)

The DuPONT MERCK PHARMACEUTICAL COMPANY, Endo Laboratories, L.L.C., and Mylan Pharmaceuticals Inc., Plaintiffs-Appellants, v. BRISTOL-MYERS SQUIBB COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 28, 1995.


Attorney(s) appearing for the Case

E. Anthony Figg, Rothwell, Figg, Ernst & Kurz, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Steven Lieberman and Richard E. Campbell. Also on the brief was Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Blair Q. Ferguson, the DuPont Merck Pharmaceutical Co., Wilmington, DE, Osagie O. Imasogie, Endo Laboratories, L.L.C., Wilmington, DE, and Roger L. Foster, Mylan Pharmaceuticals Inc., Morgantown, WV.

Robert J. Brookhiser, Howrey & Simon, Washington, DC, argued for defendant-appellee. With him on the brief were Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, New York City, and Donald J. Barrack, Bristol-Myers Squibb Co., Princeton, NJ, of counsel.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.


PER CURIAM.

The DuPont Merck Pharmaceutical Company, its wholly owned subsidiary Endo Laboratories, L.L.C., and Mylan Pharmaceuticals Inc. appeal the United States District Court for the District of Delaware's dismissal of their complaint. DuPont Merck Pharmaceutical Co. v. Bristol-Myers Squibb Co., 894 F.Supp. 804 (D.Del.1995). Because section 532(a) of the Uruguay Round Agreements Act, Pub.L. No. 103-465, 108 Stat. 4809...

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