ALTANA PHARMA AG and Wyeth, Plaintiffs-Appellants,
v.
TEVA PHARMACEUTICALS USA, INC. and Teva Pharmaceuticals Industries, Ltd., Defendants-Appellees, and
Kudco Ireland Limited and Schwarz Pharma, Inc., Defendants, and
Sun Pharmaceutical Industries, Ltd. and Sun Pharmaceutical Advanced Research Centre, Ltd., Defendants-Appellees.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
May 14, 2009.
May 14, 2009.
Attorney(s) appearing for the Case
William F. Lee, Wilmer Cutler Pickering Hale & Door, LLP, of Boston, MA, argued for plaintiff-appellant. On the brief were J. Michael Jakes, and Kathleen A. Daley, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, Joseph M. O'Malley, Jr. and Bruce M. Wexler, Paul, Hastings, Janofsky & Walker LLP, of New York, NY. Of counsel were Eric W. Dittmann, Paul, Hastings, Janofsy & Walker LLP, of New York, NY, William G. McElwain and Amy K. Wigmore, Wilmer Cutler Pickering Hale & Door, LLP, of Washington, DC.
Mark D. Schuman, Carlson, Caspers, Vandenburgh & Lindquist, of Minneapolis, MN, argued for defendants-appellants Teva Pharmaceuticals USA, Inc., et al. With him on the brief were Jeffer Ali, Todd S. Werner, Samuel T. Lockner, and Sarah M. Stensland. Of counsel was Christopher J. Sorenson, Merchant & Gould, P.C., of Minneapolis, MN.
Michael C. Stuart, Cohen Pontani Lieberman & Pavane, LLP, of New York, NY, argued for defendants-appellees Sun Pharmaceutical Industries, Ltd., et al. With him on the brief were Martin B. Pavane, Julia S. Kim, and Vincent M. Fazzari. Of counsel on the brief was Gregory D. Miller, Podvey Meanor Catenacci Hildner Cocoziello & Chattman, P.C., of Newark, NJ.
Opinion for the court filed by District Judge WARD. Concurring opinion filed by Circuit Judge NEWMAN.
United States Court of Appeals, Federal Circuit.
WARD, District Judge.
Plaintiffs-Appellants Altana Pharma AG and Wyeth (collectively, "Altana") appeal the decision of the United States District Court for the District of New Jersey denying a preliminary injunction. Because the district court did not abuse its discretion, we affirm.
I. BACKGROUND
Appellants, Altana Pharma AG and Wyeth, accuse appellees, Teva Pharmaceuticals USA, Inc. ("Teva"), Sun Pharmaceutical Industries, Ltd. ("Sun"), et al....
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