MEIJER, INC. v. BIOVAIL CORP.

Nos. 05-7066, 05-7069, 05-7084, 06-7118.

533 F.3d 857 (2008)

MEIJER, INC., on Their Own Behalf and on Behalf of All Others Similarly Situated and Meijer Distribution, Inc., on Their Own Behalf and on Behalf of All Others Similarly Situated, Appellants. v. BIOVAIL CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 2008.


Attorney(s) appearing for the Case

Bruce E. Gerstein argued the cause for appellants. With him on the briefs were Kevin S. Landau, Anne Fornecker, Richard J. Kilsheimer, Robert F. Muse, David Fierst, David Wallace Stanley, Erin Cathleen Burns, Joseph M. Vanek, and Jeffrey J. Corrigan. Scott L. Adkins entered an appearance.

Steven Edward Obus argued the cause for appellees. With him on the brief were Ronald S. Rauchberg, Stefanie S. Kraus, Peter J. Venaglia, and Andrew Kanter. Mark J. Biros entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.


GINSBURG, Circuit Judge:

The plaintiff-appellants in these four antitrust class actions are wholesale purchasers of Tiazac (extended-release Diltiazem Hydrochloride, hereinafter Diltiazem HCl), a controlled-release drug for hypertension and angina. They alleged that Biovail Corporation, which manufactures Tiazac, misused a patent to keep off the market a generic equivalent manufactured by Andrx Pharmaceuticals, Inc., in violation...

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