ORTHO-MCNEIL PHARMACEUTICAL v. LUPIN PHARMS.

Attorney(s) appearing for the Case

George F. Pappas, Covington & Burling LLP, of Washington, DC, for plaintiffs-appellees Ortho-McNeil Pharmaceutical, Inc. et al. With him on the brief were Jeffrey B. Elikan and Gary Rubman.

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

Robert F. Green, Leydig, Voit & Mayer, Ltd., of Chicago, IL, argued for defendants-appellants. With him on the brief was Christopher T. Griffith.

Howard S. Scher, Trial Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, for amicus curiae United States. With him on the brief were Tony West, Assistant Attorney General, and Scott R. McIntosh, Attorney. Of counsel on the brief were James A. Toupin, General Counsel, Office of the General Counsel, United States International Trade Commission, of Washington, DC, and Raymond T. Chen, Deputy General Counsel and Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA.

Before NEWMAN, RADER and LINN, Circuit Judges.