MERIAL LTD. v. CIPLA LTD.

Nos. 2011-1471, 2011-1472.

681 F.3d 1283 (2012)

MERIAL LIMITED and Merial Sas, Plaintiffs-Appellees, and BASF Agro B.V., Plaintiff, v. CIPLA LIMITED, Defendant-Appellant, and Velcera, Inc. and Fidopharm, Inc., Defendants-Appellants, and Archipelago Suppliers, Arrowtarget Enterprises Ltd., Generic Petmeds, Inhouse Drugstore, Lisa Perko, Petcare Pharmacy, and Petmeds R Us, Defendants.

United States Court of Appeals, Federal Circuit.

May 31, 2012.


Attorney(s) appearing for the Case

Gregory A. Castanias , Jones Day, of Washington, DC, argued for the plaintiffs-appellees. With him on the brief were Damon M. Lewis; and J. Patrick Elsevier , of San Diego, CA. Of counsel on the brief were Judy Jarecki-Black , Merial Limited, of Duluth, Georgia, Frank G. Smith, III , Alston & Bird, LLP, of Atlanta, GA, and Edward Donald Tolley , Cook, Noell, Tolley, Bates & Michael, LLP, of Athens, GA.

Nagendra Setty , Sheppard, Mullin, Richter & Hampton LLP, of San Francisco, CA, argued for defendant-appellant Cipla Limited. Of counsel were Paul Wendell Garrity and Mark Edward McGrath , of New York, NY.

Jonathan G. Graves , Cooley LLP, of Reston, VA, argued for defendants-appellants FidoPharm, Inc., et al. With him on the brief were Phillip E. Morton ; and Tryn T. Stimart , of Washington, DC. Of counsel was Lori R. Mason , of Palo Alto, CA. Of counsel on the brief were George C. Lombardi , Winston & Strawn LLP, of Chicago, IL; and Elizabeth P. Papez , of Washington, DC.

Dissenting opinion filed by Circuit Judge SCHALL.


LOURIE, Circuit Judge.

Cipla Ltd. ("Cipla") joins with Velcera, Inc. and FidoPharm, Inc. (collectively, "Velcera") in appealing from a judgment entered by the United States District Court for the Middle District of Georgia in favor of Merial Ltd. and Merial SAS (collectively, "Merial") holding Cipla in contempt for violating an earlier injunction and holding Velcera in contempt for acting in concert with Cipla to violate...

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