ELI LILLY AND CO. v. TEVA PARENTERAL MEDICINES

Nos. 2011-1561, 2011-1562, 2012-1037.

689 F.3d 1368 (2012)

ELI LILLY AND COMPANY and Trustees of Princeton University, Plaintiffs-Appellees, v. TEVA PARENTERAL MEDICINES, INC. and Barr Laboratories, Inc., Defendants-Appellants, and APP Pharmaceuticals, LLC, Defendant-Appellant. Eli Lilly and Company and Trustees of Princeton University, Plaintiffs-Appellees, v. APP Pharmaceuticals, LLC, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 24, 2012.


Attorney(s) appearing for the Case

Adam L. Perlman , Williams & Connolly, LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Bruce R. Genderson , Kannon K. Shanmugam , Dov P. Grossman , and David M. Krinsky. Of counsel was Ellen E. Oberwetter .

John C. Englander , Goodwin Procter, LLP, of Boston, MA, argued for defendants-appellants. With him on the brief were Daryl L. Wiesen and Emily L. Rapalino. Of counsel on the brief were Eric H. Yecies and Michael B. Cottler .

Before LOURIE, DYK, and WALLACH, Circuit Judges.


LOURIE, Circuit Judge.

Appellants Teva Parenteral Medicines, Inc., Barr Laboratories, Inc., and APP Pharmaceuticals, LLC appeal from the judgment of the United States District Court for the District of Delaware holding that U.S. Patent 5,344,932 (the "'932 patent") is not invalid for obviousness-type double patenting. See Eli Lilly & Co. v. Teva Parenteral Meds. Inc., No. 08-335-GMS, 2011 U.S. Dist. LEXIS 83124...

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