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AMERICAN BIOSCIENCE, INC. v. THOMPSON

No. 01-5125.

269 F.3d 1077 (2001)

AMERICAN BIOSCIENCE, INC., Appellant, v. Tommy G. THOMPSON, Secretary of Health and Human Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 6, 2001.

Attorney(s) appearing for the Case

Jacqueline H. Eagle argued the cause for appellant. With her on the briefs were Joseph F. Coyne, Jr., Carlton A. Varner, Arthur Y. Tsien, David F. Weeda, and Robert F. Green.

Howard S. Scher, Attorney, United States Department of Justice, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, United States Attorney, Douglas N. Letter, Litigation Counsel, Michael M. Landa, Acting Chief Counsel, Food & Drug Administration, and AnnaMarie Kempic, Associate Chief Counsel.

Richard M. Cooper argued the cause for appellees Baker Norton Pharmaceuticals, Inc. and IVAX Pharmaceuticals, Inc. With him on the brief was Philip A. Sechler.

Before: TATEL, Circuit Judge; SILBERMAN and WILLIAMS, Senior Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

American Bioscience, Inc., appeals from the district court's denial of its request for preliminary injunctive relief. Appellant argues that the Food and Drug Administration's decision to approve intervenor-defendant Baker Norton Pharmaceutical's Abbreviated New Drug Application (ANDA) for a generic version of the cancer treatment Taxol was arbitrary and capricious...

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