ELI LILLY AND COMPANY v. ZENITH GOLDLINE PHARMACEUTICALS, INC.

No. 05-1396, No. 05-1429, No. 05-1430.

471 F.3d 1369 (2006)

ELI LILLY AND COMPANY and LILLY INDUSTRIES LIMITED, Plaintiffs-Appellees, v. ZENITH GOLDLINE PHARMACEUTICALS, INC. (now known as Ivax Pharmaceuticals, Inc.), Defendant-Appellant, and TEVA PHARMACEUTICALS USA, INC., Defendant-Appellant, and DR. REDDY'S LABORATORIES, LTD., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: December 26, 2006.


Attorney(s) appearing for the Case

Charles E. Lipsey, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Reston, Virginia, argued for plaintiffs-appellees. With him on the brief were L. Scott Burwell; David S. Forman and Laura P. Masurovsky, of Washington, DC; Robert F. McCauley, of Palo Alto, California; and Jan M. Carroll, Barnes & Thornburg, LLP, of Indianapolis, Indiana. Of counsel on the brief were James P. Leeds, David M. Stemerick, and Robert D. Titus, Eli Lilly and Company, of Indianapolis, Indiana.

William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, New Jersey, argued for defendant-appellant, Zenith Goldline Pharmaceuticals, Inc. (now known as Ivax Pharmaceuticals, Inc.). With him on the brief were Roy H. Wepner and Michael H. Teschner. Of counsel on the brief were Jeffrey S. Ward and Thomas P. Heneghan, Michael Best & Friedrich LLP, of Madison, Wisconsin. Joining in the brief were Steven J. Lee, Elizabeth Holland, and Patrice P. Jean, Kenyon & Kenyon, of New York, New York, for defendant-appellant,Teva Pharmaceuticals USA, Inc.

Stuart D. Sender, Budd Larner, P.C., of Short Hills, New Jersey, argued for defendant-appellant, Dr. Reddy's Laboratories, Ltd. With him on the brief were Ellen T. Lowenthal and Michael H. Imbacuan.

Before RADER, SCHALL, and GAJARSA, Circuit Judges.


RADER, Circuit Judge.

Zenith Goldline Pharmaceuticals, Inc. (now known as IVAX Pharmaceuticals, Inc.) (IVAX); Dr. Reddy's Laboratories, Ltd. (DRL); and Teva Pharmaceuticals USA, Inc. (Teva) (defendants), filed an Abbreviated New Drug Application (ANDA). In response, the plaintiffs, Eli Lilly and Company and Lilly Industries Ltd. (collectively Lilly), filed suit against all defendants for infringement of United States Patent No. 5,229,382 ('382 patent). Following a...

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