ENDO PHARMACEUTICALS INC. v. ACTAVIS, INC.

Nos. 2013-1658, 2013-1662.

746 F.3d 1371 (2014)

ENDO PHARMACEUTICALS INC., Plaintiff-Appellant, v. ACTAVIS, INC. and Actavis South Atlantic, LLC, Defendants-Appellees. Endo Pharmaceuticals Inc., Plaintiff-Appellant, v. Roxane Laboratories, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 31, 2014.


Attorney(s) appearing for the Case

Martin J. Black , Dechert LLP, of Philadelphia, PA, argued for plaintiff-appellant. With him on the brief were Robert D. Rhoad and Jonathan D. Loeb. Of counsel were Vincent August Gallo and Joseph Raymond Heffern.

Charles A. Weiss , Holland & Knight LLP, of New York, NY, argued for defendants-appellees, Actavis, Inc., et al. With him on the brief were Eric H. Yecies and Nicholas P. Chiara.

Alan B. Clement , Locke Lord LLP, of New York, NY, argued for defendant-appellee, Roxane Laboratories, Inc. With him on the brief were Keith D. Parr , Hugh S. Balsam , and Myoka Kim Goodin , of Chicago, IL.

Before NEWMAN, DYK, and MOORE, Circuit Judges.


MOORE, Circuit Judge.

Endo Pharmaceuticals, Inc. (Endo) appeals from the district court's order denying its motions for a preliminary injunction to prevent Roxane Laboratories, Inc. (Roxane), Actavis Inc., and Actavis South Atlantic LLC (Actavis) from marketing and selling their respective generic drug products during the pendency of this litigation. Because the district court erred in concluding that Roxane and Actavis (Appellees) had an implied license to practice...

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