MYLAN PHARMACEUTICALS, INC., Plaintiff-Appellee,
v.
Tommy G. THOMPSON, Secretary of Health and Human Services, Bernard A. Schwetz, D.V.M., Ph.D., Acting Principal Deputy Commissioner, U.S. Food and Drug Administration, and U.S. Food and Drug Administration, Defendants-Appellees, and
Bristol-Myers Squibb Company, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
DECIDED: October 12, 2001.
Corrected October 17, 2001.
Attorney(s) appearing for the Case
E. Anthony Figg, Rothwell, Figg, Ernst & Manbeck, P.C. of Washington, DC, argued for plaintiff-appellee. With him on the brief were Steven M. Lieberman and Elizabeth A. Leff.
Howard S. Scher, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; and Douglas N. Letter, Attorney. Of counsel on the brief were Michael M. Landa, Acting Chief Counsel; and Kevin M. Fain, Associate Chief Counsel, Office of the Chief Counsel, U.S. Food and Drug Administration, of Rockville, Maryland.
Evan R. Chesler, Cravath, Swaine & Moore, of New York, NY, argued for defendant-appellant. With him on the brief was Richard J. Stark. Of counsel were David R. Marriott, Swaine & Moore; and Mathew D. Peterson, FoxKiser, of Washington, DC.
Richard A. Samp, Washington, Legal Foundation, of Washington, DC, for amicus curiae Washington Legal Foundation. With him on the brief was Daniel J. Popeo.
Before MAYER, Chief Judge, NEWMAN and MICHEL, Circuit Judges.
United States Court of Appeals, Federal Circuit.
MAYER, Chief Judge.
Bristol-Myers Squibb Co. ("Bristol") appeals the order of the United States District Court for the District of Columbia granting the motion for a preliminary injunction brought by Mylan Pharmaceuticals, Inc. ("Mylan"). See Mylan Pharms., Inc. v. Thompson,139 F.Supp.2d 1 (D.D.C. 2001). The injunction directed Bristol to take measures to delist United States Patent No. 6,150,365 from the U.S. Food...
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