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WARNER CHILCOTT LABORATORIES IRELAND LIMITED v. MYLAN PHARMACEUTICALS INC.

No. 2011-1611.

WARNER CHILCOTT LABORATORIES IRELAND LIMITED, WARNER CHILCOTT COMPANY, LLC, WARNER CHILCOTT (US), LLC, AND MAYNE PHARMA INTERNATIONAL PTY. LTD., Plaintiffs-Appellees, v. MYLAN PHARMACEUTICALS INC. AND MYLAN INC., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: December 12, 2011.

Attorney(s) appearing for the Case

DOMINICK A. CONDE , Fitzpatrick, Cella, Harper & Scinto, of New York, New York argued for plaintiffs-appellees. With him on the brief were DIEGO SCAMBIA ; and BRIAN L. KLOCK , of Washington, DC. Of counsel on the brief was JONATHAN M.H. SHORT , McCarter & English, LLP, of Newark, New Jersey.

LARRY L. SHATZER , Wilson Sonsini Goodrich & Rosati, P.C., of Washington, DC, argued for defendants-appellants. With him on the brief were Shaun R. Snader ; and Tung-On Kong , of San Francisco; and Jennifer Koh , of San Diego, California.

Before RADER, Chief Judge, DYK and O'MALLEY, Circuit Judges.

This disposition is nonprecedential

O'MALLEY, Circuit Judge.

This is a Hatch-Waxman Act case in which Mylan Pharmaceuticals Inc. and Mylan Inc. (collectively, "Mylan") appeal the district court's entry of a preliminary injunction prohibiting Mylan from launching the generic version of 150 mg Doryx, which is the branded name for the doxycycline hyclate delayed-release tablets sold by Plaintiffs-Appellees. Because the district court relied on disputed facts...

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