JANSSEN PHARMACEUTICALS, INC. v. TEVA PHARM. USA.

2022-1258, 2022-1307.

97 F.4th 915 (2024)

JANSSEN PHARMACEUTICALS, INC., Janssen Pharmaceutica NV, Plaintiffs-Appellees, v. TEVA PHARMACEUTICALS USA, INC., Mylan Laboratories Ltd., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: April 1, 2024.


Attorney(s) appearing for the Case

Barbara Mullin , Patterson Belknap Webb & Tyler LLP, New York, NY, argued for plaintiffs-appellees. Also represented by Andrew D. Cohen , Aron Russell Fischer , Meghan Larywon .

John C. O'Quinn , Kirkland & Ellis LLP, Washington, DC, argued for all defendants-appellants. Defendant-appellant Teva Pharmaceuticals USA, Inc. also represented by William H. Burgess ; Christopher T. Jagoe , Jeanna Wacker , New York, NY.

Deepro Mukerjee , Katten Muchin Rosenman LLP, for defendant-appellant Mylan Laboratories Ltd. Also represented by Lance Soderstrom ; Jitendra Malik , Charlotte, NC; Jillian Schurr , Chicago, IL; Eric Thomas Werlinger , Washington, DC.

Before Dyk, Prost, and Hughes, Circuit Judges.


Janssen Pharmaceuticals, Inc. and Janssen Pharmaceutica NV (collectively, "Janssen") sued Teva Pharmaceuticals USA, Inc. ("Teva") for patent infringement in the United States District Court for the District of New Jersey. Janssen asserted U.S. Patent No. 9,439,906 ("the '906 patent"). Teva stipulated to infringement but challenged...

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