SHIRE DEVELOPMENT, LLC v. WATSON PHARMACEUTICALS

2016-1785.

848 F.3d 981 (2017)

SHIRE DEVELOPMENT, LLC, Shire Pharmaceutical Development, Inc., Cosmo Technologies Limited, Giuliani International Limited, NKA Nogra Pharma Limited, Plaintiffs-Appellees v. WATSON PHARMACEUTICALS, INC., NKA Actavis, Inc., Watson Laboratories, Inc. — Florida, NKA Actavis Laboratories FL, Inc., Watson Pharma, Inc., NKA Actavis Pharma, Inc., Watson Laboratories, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: February 10, 2017.


Attorney(s) appearing for the Case

EDGAR HAUG , Frommer Lawrence & Haug LLP, New York, NY, argued for plaintiffs-appellees. Also represented by ELIZABETH MURPHY , ERIKA SELLI , JASON AARON LIEF , ANDREW S. WASSON.

STEVEN ARTHUR MADDOX , Maddox Edwards, PLLC, Washington, DC, argued for defendants-appellants. Also represented by JEREMY J. EDWARDS , KAVEH SABA.

Before Prost, Chief Judge, Taranto and Hughes, Circuit Judges.


Plaintiffs (collectively, Shire) sued Defendants (collectively, Watson) for infringing claims 1 and 3 of U.S. Patent No. 6,773,720 by filing Abbreviated New Drug Application No. 203817 with the Food and Drug Administration seeking to market a generic version of Shire's mesalamine drug, LIALDA®. Because Watson's ANDA Product...

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