BAYER AG. v. BIOVAIL CORP.

Nos. 01-1329, 01-1330.

279 F.3d 1340 (2002)

BAYER AG and Bayer Corporation, Plaintiffs-Appellants, v. BIOVAIL CORPORATION, Defendant-Appellee, and Elan Corporation, PLC and Elan Pharma, Ltd., and Teva Pharmaceuticals USA, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 7, 2002.


Attorney(s) appearing for the Case

Rudolf E. Hutz, Connolly Bove Lodge & Hutz LLP, of Wilmington, DE, argued for plaintiffs-appellants. With him on the brief were Jeffrey B. Bove, Mary W. Bourke, and William E. McShane.

Gary N. Frischling, Irell & Manella LLP, of Los Angeles, CA, argued for defendants-appellees. With him on the brief for Elan Corporation, PLC, et al., were Richard M. Birnholz, Flavio Rose, Nicola J. Bird. Also on the brief for defendant-appellee Biovail Corporation was Eric C. Cohen, Welsh & Katz, of Chicago, IL; on the brief for defendant-appellee Teva Pharmaceuticals USA, Inc., was Frederick H. Rein, Goodwin Procter LLP, of New York, NY.

Before MICHEL, FRIEDMAN, and RADER, Circuit Judges.


RADER, Circuit Judge.

Bayer brought two separate actions in the United States District Court for the Northern District of Georgia asserting that Elan Pharmaceuticals Research Corp. (Elan) infringed U.S. Patent No. 5,264,446 (the '446 patent). The first action asserted that Elan infringed by filing an abbreviated new drug application (ANDA) with the Food and Drug Administration (FDA) seeking approval of a 60 mg generic version of the invention claimed in the '446 patent...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases