MERCK SHARP & DOHME v. AMNEAL PHARMACEUTICALS LLC

2017-1560.

881 F.3d 1376 (2018)

MERCK SHARP & DOHME CORP., Plaintiff-Appellant v. AMNEAL PHARMACEUTICALS LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 9, 2018.


Attorney(s) appearing for the Case

NICOLAS BARZOUKAS , Reed Smith LLP, Houston, TX, argued for plaintiff-appellant. Also represented by JOSHUA DAVIS , LISA M. THOMAS .

THOMAS J. MELORO , Willkie Farr & Gallagher LLP, New York, NY, argued for defendant-appellee. Also represented by DEVON EDWARDS , MATTHEW S. FREIMUTH , MICHAEL JOHNSON .

Before Taranto, Clevenger, and Stoll, Circuit Judges.


Merck Sharp & Dohme Corp. ("Merck") owns U.S. Patent No. 6,127,353, which claims mometasone furoate monohydrate, the active ingredient in Merck's Nasonex® nasal product. Amneal Pharmaceuticals LLC ("Amneal") submitted an Abbreviated New Drug Application ("ANDA") to the U.S. Food & Drug Administration ("FDA") seeking...

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