King Pharmaceuticals, Inc. v. EON Labs, Inc., No. 11-4070 (Fed. Cir. Aug. 12, 2011)

NOTE: This disposition is nonprecedential.

United States Court of Appeals

for the Federal Circuit

KING PHARMACEUTICALS, INC. AND

KING PHARMACEUTICALS RESEARCH AND

DEVELOPMENT, INC.,

Plaintiffs/Counterclaim Defendants-Appellees,

and

JONES PHARMA INC.,

Plaintiff/Counterclaim Defendant,

v.

EON LABS, INC.,

Defendant/Counterclaim Plaintiff-Appellant,

v.

ELAN PHARMACEUTICALS, INC.,

Counterclaim Defendant-Appellee.

2011-1070

Appeal from the United States District Court for the Eastern District of New York in No. 04-CV-5540, Senior Judge David G. Trager.

2JUDGMENT

F. DOMINIC CERRITO, Jones Day, of New York, New York, argued for plaintiffs/counterclaim defendants-appellees. With him on the brief were DANIEL L. MALONE, ERIC C. STOPS and EVANGELINE SHIH. Of counsel was DANIEL C. WIESNER.

MARTIN B. PAVANE, Cozen O’Connor, of New York, New York, argued for defendant/counterclaim plaintiff-appellant.

JAMES B. MONROE, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for counterclaim defendant-appellee. With him on the brief were PAUL W. BROWNING and KAKOLI CAPRIHAN. Of counsel were JUSTIN J. HASFORD and LAWRENCE L. ILAG.

THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: