BRISTOL-MYERS SQUIBB v. TEVA PHARMACEUTICALS USA

No. 2013-1306.

769 F.3d 1339 (2014)

BRISTOL-MYERS SQUIBB COMPANY, Plaintiff-Appellant, v. TEVA PHARMACEUTICALS USA, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 20, 2014.


Attorney(s) appearing for the Case

William F. Lee , Wilmer Cutler Pickering Hale and Dorr, LLP, of Boston, MA, filed a petition for panel rehearing and rehearing en banc for plaintiff-appellant. With him on the petition were Lauren B. Fletcher and Andrew J. Danford , of Boston, MA, and Amy K. Wigmore and Thomas G. Saunders , of Washington, DC. Of counsel on the petition were Paul H. Berghoff , Alison J. Baldwin , and Joshua Rich , McDonnell Boehnen Hulbert & Berghoff LLP, of Chicago, IL.

George C. Lombardi , Winston & Strawn LLP, of Chicago, IL, filed a response for defendant-appellee. With him on the response were Lynn MacDonald Ulrich , Ivan M. Poullaos , Julia Mano Johnson , and William P. Ferranti.

Jonathan E. Singer , Fish & Richardson P.C., of Minneapolis, MN, for amicus curiae Biotechnology Industry Organization. With him on the brief was Craig E. Countryman , of San Diego, CA.

Howard W. Levine , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, for amicus curiae Bay Area Bioscience Association. With him on the brief was Jennifer S. Swan , of Palo Alto, CA.

Roy F. Waldron , Pfizer Inc., of New York, NY, for amicus curiae Pfizer Inc. With him on the brief were Jeffrey J. Oelke, Leslie Morioka , and Robert E. Counihan , White & Case LLP, of New York, NY.

Steven P. Caltrider , Eli Lilly and Company, of Indianapolis, IN, for amicus curiae Eli Lilly and Company.

Carter G. Phillips , Sidley Austin LLP, of Washington, DC, for amicus curiae Pharmaceutical Research and Manufacturers of America. With him on the brief were Jeffrey P. Kushan , Ryan C. Morris , and James A. High, Jr.

Robert M. Isackson , Qrrick, Herrington & Sutcliffe LLP, of New York, NY, for amicus curiae Intellectual Property Owners Association. With him on the brief were Elizabeth A. Howard and T. Vann Pearce. Of counsel on the brief were Philip S. Johnson and Kevin H. Rhodes , Intellectual Property Owners Association, of Washington, DC. Of counsel was Herbert C. Wamsley, Jr.

Nicholas G. Barzoukas , Baker Botts L.L.P., of Houston, TX, for amicus curiae Merck Sharp & Dohme Corp. With him on the brief was Joshua Davis. Of counsel on the brief were William Krovatin and Gerard M. Devlin , Merck Sharp & Dohme Corp., of Rahway, NJ.

Before PROST, Chief Judge, NEWMAN, PLAGER, LOURIE, DYK, MOORE, O'MALLEY, REYNA, WALLACH, TARANTO, CHEN, and HUGHES, Circuit Judges.


ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC.

PER CURIAM.

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by plaintiff-appellant Bristol-Meyers Squibb Company, and a response thereto was invited by the court and filed by defendant-appellee Teva Pharmaceuticals USA, Inc. The petition for rehearing and response were referred to the panel that heard the appeal, and thereafter, the petition for rehearing en banc...

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