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WARNER-LAMBERT CO. v. SHALALA

No. 99-5048.

202 F.3d 326 (2000)

WARNER-LAMBERT COMPANY, Appellant v. Donna E. SHALALA, Secretary of Health and Human Services, et al., Appellees

United States Court of Appeals, District of Columbia Circuit.

Decided February 11, 2000.

Attorney(s) appearing for the Case

Bruce N. Kuhlik argued the cause for appellant. With him on the briefs were Herbert Dym, Michael S. Labson, and Michael A. Listgarten.

Jeffrey B. Chasnow, Attorney, U.S. Department of Justice, argued the cause for appellees Donna E. Shalala, et al. With him on the brief was David W. Ogden, Acting Assistant Attorney General.

E. Anthony Figg argued the cause for appellee Mylan Pharmaceuticals, Inc. With him on the brief was Bart G. Newland. Steven M. Lieberman entered an appearance.

Before: WILLIAMS, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

When is a pill a capsule rather than a tablet? Plaintiff Warner-Lambert's entitlement to relief against the Food and Drug Administration turns on this point. Warner-Lambert believes that an anti-epilepsy drug made by Mylan Pharmaceuticals—having the interior form of a tablet but placed inside a capsule—cannot properly be viewed as a capsule....

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