TAP PHARMACEUTICAL PRODUCTS v. OWL PHARMACEUTICALS

Nos. 03-1634, 03-1635.

419 F.3d 1346 (2005)

TAP PHARMACEUTICAL PRODUCTS, INC. (formerly known as Tap Holdings, Inc.), and Takeda Chemical Industries, Ltd. (now known as Takeda Pharmaceutical Company, Ltd.), Plaintiffs/Counterclaim Defendants-Cross Appellants, and Wako Pure Chemical Industries Ltd., Plaintiff-Appellee, and Abbott Laboratories, Counterclaim Defendant, v. OWL PHARMACEUTICALS, L.L.C. and Oakwood Laboratories, L.L.C., Defendants/Counterclaimants-Appellants.

United States Court of Appeals, Federal Circuit.

August 18, 2005.


Attorney(s) appearing for the Case

William F. Cavanaugh, Jr., Patterson, Belknap, Webb & Tyler LLP, of New York, New York argued for plaintiffs/counterclaim defendants-cross appellants and plaintiff-appellee. With him on the brief was Stuart E. Pollack. Of counsel on the brief were Henry J. Renk and Bruce M. Wexler, Fitzpatrick, Cella, Harper & Scinto, of New York, New York.

Thomas H. Shunk, Baker & Hostetler LLP, of Cleveland, Ohio, argued for defendants/counterclaimants-appellants. With him on the brief was Kyle B. Fleming. Of counsel on the brief was Richard A. Sharpe, Pearne & Gordon, L.L.P., of Cleveland, Ohio.

Before NEWMAN, BRYSON, and GAJARSA, Circuit Judges.


BRYSON, Circuit Judge.

TAP Pharmaceutical Products, Inc., Takeda Chemical Industries, Ltd., and Wako Pure Chemical Industries, Ltd., (collectively, "TAP") filed suit against OWL Pharmaceuticals, L.L.C., and Oakwood Laboratories, L.L.C., (collectively, "OWL") in the United States District Court for the Northern District of Ohio. TAP alleged that OWL had infringed 12 patents owned by TAP. The allegations were based on OWL's filing of an Abbreviated New Drug Application...

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