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BOEHRINGER INGELHEIM INTERN. v. BARR LABORATORIES

No. 2009-1032.

592 F.3d 1340 (2010)

BOEHRINGER INGELHEIM INTERNATIONAL GMBH and Boehringer Ingelheim Pharmaceuticals, Inc., Plaintiffs-Appellants, v. BARR LABORATORIES, INC. and Barr Pharmaceuticals, Inc., Defendants, and Mylan Pharmaceuticals, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 25, 2010.

Attorney(s) appearing for the Case

Bruce M. Wexler, Paul, Hastings, Janofsky & Walker LLP, of New York, NY, argued for plaintiffs-appellants. With him on the brief were Joseph M. O'Malley, Jr., Eric W. Dittmann and Angela C. Ni; and Stephen B. Kinnaird, of Washington, DC.

Shannon M. Bloodworth, Perkins Coie LLP, of Washington, DC, argued for defendant-appellee. With her on the brief was David J. Harth, of Madison, WI. Of counsel was Sarah C. Walkenhorst, Perkins Coie LLP, of Madison, WI.

Opinion for the court filed by Circuit Judge LINN. Opinion dissenting-in-part filed by Circuit Judge DYK.

LINN, Circuit Judge.

This is a patent infringement case involving the effectiveness of a terminal disclaimer to overcome obviousness-type double patenting and the safe-harbor provision of 35 U.S.C. § 121. Boehringer Ingelheim International GmbH and Boehringer Ingelheim Pharmaceuticals, Inc. (collectively "Boehringer") appeal from a final judgment that Boehringer's U.S. Patent No. 4,886,812 (the "'812 patent") is invalid for obviousness-type double patenting....

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