BRISTOL-MYERS SQUIBB COMPANY, Plaintiff-Appellant,
v.
BEN VENUE LABORATORIES, INC., Bedford Laboratories, and Boehringer Ingelheim Corporation, Defendants-Appellees, and
Immunex Corporation (ANDA now owned by Baker Norton Pharmaceuticals, Inc.), Ivax Corporation, and Zenith Goldline Pharmaceuticals, Inc., Defendants-Appellees, and
Marsam Pharmaceuticals, Inc. and Schein Pharmaceutical, Inc., Defendants-Appellees, and
Mylan Pharmaceuticals, Inc., Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Decided April 20, 2001.
Rehearing and Rehearing Denied June 13, 2001.
Attorney(s) appearing for the Case
Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for plaintiff-appellant. With him on the brief were Nicholas M. Cannella, Bruce C. Haas, Jennifer A. Reda, and F. Christopher Mizzo. Of counsel on the brief were Evan R. Chesler, and Richard J. Stark, Cravath, Swaine & Moore, of New York, NY. Also of counsel on the brief was William J. O'Shaughnessy, McCarter & English, of Newark, NJ.
Martin B. Pavane, Cohen, Pontani, Lieberman & Pavane, of New York, NY, argued for defendants-appellees Ben Venue Laboratories, Inc. et al. With him on the brief were William A. Alper, and Mindy H. Chettih. Of counsel on the brief was Robert P. Raymond, Boehringer Ingelheim Corporation, of Ridgefield, CT. Of counsel were Alfred H. Hemingway, Jr., and Yunling Ren.
William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, NJ, argued for defendants-appellees Immunex Corporation, et al. With him on the brief were Arnold H. Krumholz, Roy H. Wepner, and Michael H. Teschner. Of counsel on the brief was Jay B. Shapiro, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., of Miami, FL. Also of counsel on the brief were Gerson A. Zweifach, and Sharon L. Davis, Williams & Connolly LLP, of Washington, DC.
E. Anthony Figg, Rothwell, Figg, Ernst & Manbeck P.C., of Washington, DC, for defendant-appellee Mylan Pharmaceuticals, Inc. With him on the brief were Steven Lieberman, and Glenn E. Karta. Of counsel on the brief was Charles Guttman, Proskauer Rose LLP, of New York, NY, for defendant-appellee Marsam Pharmaceutical, Inc., et al. Of counsel was Frank Holahan, Harwood & Lloyd, LLC, of Hackensack, NJ.
Before LOURIE, GAJARSA, and DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Rehearing and Rehearing En Banc Denied June 13, 2001.
LOURIE, Circuit Judge.
Bristol-Myers Squibb Company appeals from the decision of the United States District Court for the District of New Jersey granting the motion by Ben Venue Laboratories, Inc., Bedford Laboratories, Boehringer Ingelheim Corporation, Immunex Corporation, IVAX Corporation, Zenith Goldline Pharmaceuticals, Inc., Marsam Pharmaceuticals, Inc., Schein Pharmaceutical, Inc., and Mylan Pharmaceuticals...
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