Nos. 2010-1460, 2010-1461, 2010-1462, 2010-1463, 2010-1464, 2010-1465, 2010-1466, 2010-1467, 2010-1468, 2010-1469, 2010-1470, 2010-1471, 2010-1472, 2010-1473.

703 F.3d 511 (2012)

In re ROSUVASTATIN CALCIUM PATENT LITIGATION. AstraZeneca UK Limited, IPR Pharmaceuticals Inc., and Shionogi Seiyaku Kabushiki Kaisha, Plaintiffs-Appellees, v. Aurobindo Pharma Limited, Defendant-Appellant, and Mylan Pharmaceuticals Inc., Defendant-Appellant, and Apotex Corp., Defendant-Appellant, and Cobalt Pharmaceuticals Inc. and Cobalt Laboratories Inc., Defendants-Appellants, and Sun Pharmaceutical Industries, Ltd., Defendant-Appellant, and Teva Pharmaceuticals USA, Inc., Defendant-Appellant, and Par Pharmaceutical, Inc., Defendant-Appellant, and Sandoz, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

December 14, 2012.

Attorney(s) appearing for the Case

Charles E. Lipsey , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Reston, VA, argued for plaintiff-appellee. With him on the brief were Kenneth M. Frankel , and York M. Faulkner. Of counsel on the brief were Ford F. Farabow, Jr. , and Howard W. Levine , of Washington, DC, Mary K. Ferguson , of Cambridge, MA, John D. Livingstone , of Atlanta, GA, Mary W. Bourke , Connolly Bove Lodge & Hutz, LLP, of Wilmington, DE, Henry J. Renk , Fitzpatrick, Cella, Harper & Scinto, of New York, NY, Thomas Stevens and Judy Yun , AstraZeneca Pharmaceuticals, LP, of Wilmington, DE.

Robert B. Breisblatt , Katten Muchin Rosenman, LLP, of Chicago, IL, argued for defendant-appellant. With him on the brief were Jeremy C. Daniel and Charles B. Paradis.

Jeffrey S. Ward , Merchant & Gould, P.C., of Madison, WI, argued for defendant-appellant. With him on the brief were Thomas P. Heneghan , Edward J. Pardon , and Shane A. Brunner.

Steven A. Maddox , Knobbe, Martens, Olson & Bear, LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Payson Lemeilleur and Jared Bunker , Knobbe, Martens, Olson & Bear, LLP, of Irvine, CA.

Opinion of the court filed by Circuit Judge NEWMAN. Concurring opinion filed by Circuit Judge PLAGER. Dissenting opinion filed by Circuit Judge MAYER.

NEWMAN, Circuit Judge.

This patent litigation arises under the Hatch-Waxman Act, 21 U.S.C. § 355, whereby producers of generic pharmaceutical products are authorized to challenge the patent status of a federally registered and approved drug product, before the generic producer has obtained approval to sell its counterpart of the approved product. The generic litigant who succeeds in eliminating the drug patent is granted a 180-day period of exclusivity against...

Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases