No. 2015-2067.

845 F.3d 1357 (2017)

ELI LILLY AND COMPANY, Plaintiff-Appellee, v. TEVA PARENTERAL MEDICINES, INC., APP Pharmaceuticals LLC, Pliva Hrvatska D.O.O., Teva Pharmaceuticals USA, Inc., Barr Laboratories, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: January 12, 2017.

Attorney(s) appearing for the Case

ADAM LAWRENCE PERLMAN , Williams & Connolly LLP, Washington, DC, argued for plaintiff-appellee. Also represented by DOV PHILIP GROSSMAN , BRUCE GENDERSON , DAVID M. KRINSKY , ALLISON JONES RUSHING , ELLEN E. OBERWETTER.

WILLIAM M. JAY , Goodwin Procter LLP, Washington, DC, argued for defendants-appellants. Also represented by DARYL L. WIESEN , ELAINE BLAIS , EMILY L. RAPALINO , HENRY C. DINGER , Boston, MA; BRIAN JOSEPH PREW , MICHAEL B. COTTLER , NATASHA ELISE DAUGHTREY , New York, NY.

CHRISTINA JORDAN McCULLOUGH , Perkins Coie, LLP, Seattle, WA, for amicus curiae Generic Pharmaceutical Association. Also represented by SHANNON BLOODWORTH , Washington, DC.

KEVIN SCOTT PRUSSIA , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, for amicus curiae Pharmaceutical Research and Manufacturers of America. Also represented by SAMEER AHMED ; JAMIE WISZ , Washington, DC.

DAVID S. FORMAN , Osha Liang LLP, Alexandria, VA, for amicus curiae Biotechnology Innovation Organization. Also represented by HANSJORG SAUER , Biotechnology Innovation Organization, Washington, DC.

Before Prost, Chief Judge, Newman and Dyk, Circuit Judges.

Eli Lilly & Co. ("Eli Lilly") is the owner of U.S. Patent No. 7,772,209 ("'209 patent"). It filed this consolidated Hatch-Waxman suit against Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr Laboratories, Inc. (collectively, "Defendants") to prevent...


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