ZENECA LTD. v. MYLAN PHARMACEUTICALS, INC.

No. 97-1477.

173 F.3d 829 (1999)

ZENECA LIMITED, Plaintiff-Appellee, v. MYLAN PHARMACEUTICALS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined June 3, 1999.


Attorney(s) appearing for the Case

Herbert H. Mintz, Finnegan, Henderson, Farabow, Garrett and Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellee. With him on the brief were Robert D. Litowitz, and Barbara R. Rudolph. Of counsel were Michael J. Flibbert, and John C. Lowe.

James H. Wallace, Jr., Wiley, Rein & Fielding, of Washington, DC, argued for defendant-appellant. With him on the brief were Gregory R. Lyons, and James M. Ross.

Before RICH, RADER, and GAJARSA, Circuit Judges.


Rehearing Denied; Suggestion for Rehearing In Banc Declined June 3, 1999.

Opinions filed by Circuit Judges RADER and GAJARSA concurring in the judgment of reversal. Circuit Judge RICH dissents without opinion.

GAJARSA, Circuit Judge.

Mylan Pharmaceuticals, Inc. ("Mylan") appeals from the May 13, 1997 order of the United States District Court for the Western District of Pennsylvania (the "Pennsylvania district court") granting Zeneca Limited's ("Zeneca...

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