BOEHRINGER INGELHEIM INTERN. v. BARR LABORATORIES

No. 2009-1032.

603 F.3d 1359 (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.

May 7, 2010.


Attorney(s) appearing for the Case

Shannon M. Bloodworth, Perkins Coie LLP, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for defendant-appellee. With her on the petition was David J. Harth, The Law Office of David J. Harth, of Madison, WI.

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

Vincent L. Capuano, Duane Morris LLP, of Boston, MA, for amici curiae Apotex, Inc. and Apotex, Corp. With him on the brief were Richard T. Ruzich, of Chicago, IL, Robert L. Byer, of Philadelphia, PA, and Vicki G. Norton, of San Diego, CA.

GAJARSA, Circuit Judge, with whom DYK, Circuit Judge joins, dissents from the denial of petition for rehearing en banc.


ORDER

PER CURIAM.

Defendant-Appellee Mylan Pharmaceuticals Inc. filed a combined petition for panel rehearing and rehearing en banc. The panel requested a response from Plaintiffs-Appellants Boehringer Ingelheim International GmbH and Boehringer Ingelheim Pharmaceuticals, Inc. The court granted Apotex, Inc. and Apotex Corp. leave to file a brief amici curiae in support of Defendant-Appellee's petition.

The petition for rehearing was considered...

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