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ORTHO-McNEIL PHARM. v. MYLAN LABORATORIES INC.

No. 2008-1600.

569 F.3d 1353 (2009)

ORTHO-McNEIL PHARMACEUTICAL, INC. and Johnson & Johnson Pharmaceutical Research And Development, LLC, Plaintiffs, and Daiichi Pharmaceutical Co., Ltd., Plaintiff-Appellee, v. MYLAN LABORATORIES INC. and Mylan Pharmaceuticals Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

June 10, 2009.

Attorney(s) appearing for the Case

Mark Boland, Sughrue Mion, PLLC, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Brett S. Sylvester and Michael R. Dzwonczyk. Of counsel on the brief were Henry B. Gutman, Robert A. Bourque and Noah M. Leibowitz, Simpson Thacher & Bartlett, LLP, of New York, NY.

James H. Wallace, Jr., Wiley Rein LLP, of Washington, DC, argued for defendants-appellants. With him on the brief were Kevin P. Anderson, Robert J. Scheffel and Brian H. Pandya.

Before MAYER, DYK, and MOORE, Circuit Judges.

DYK, Circuit Judge.

Defendants-Appellants Mylan Laboratories and Mylan Pharmaceuticals (collectively "Mylan") appeal from the district court's order awarding approximately $1.3 million in costs to Plaintiff-Appellee Daiichi Pharmaceutical Co. ("Daiichi") under 28 U.S.C. § 1920 and Federal Rule of Civil Procedure 54(d). We affirm-in-part, vacate-in-part, and remand.

BACKGROUND

This appeal concerns an...

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