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APOTEX, INC. v. FOOD & DRUG ADMIN.

No. 06-5105.

449 F.3d 1249 (2006)

APOTEX, INC., Appellant v. FOOD & DRUG ADMINISTRATION, et al., Appellees Teva Pharmaceuticals USA, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

June 6, 2006.

Attorney(s) appearing for the Case

Jay P. Lefkowitz, Steven A. Engel, John C. O'Quinn, and Michael D. Shumsky filed the motion for summary affirmance and the reply thereto for intervenor Teva Pharmaceuticals USA, Inc.

Arthur Y. Tsien, William A. Rakoczy, and Christine J. Siwik filed the opposition for appellant.

Before: HENDERSON, TATEL, and BROWN, Circuit Judges.

Opinion for the Court filed PER CURIAM.

On Motion for Summary Affirmance

PER CURIAM.

This case is the latest flare-up in a long-running dispute between the Food and Drug Administration (FDA) and several generic drug manufacturers as to what qualifies under the Hatch-Waxman Act as "a decision of a court . . . holding [a challenged] patent . . . to be invalid or not infringed." 21 U.S.C. § 355(j)(5)(B)(iv) (2000) (amended 2003). The stakes are...

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