Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest
Fed. Cir.

Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., No. 18-1130 (Fed. Cir. Nov. 13, 2018)

Affirmed
Court
U.S. Court of Appeals for the Federal Circuit
Case No.
No. 18-1130
Decided
November 13, 2018
Judge
Per curiam (Rule 36)
Document
Rule 36 Judgment
Length
3 pages

NOTE: This disposition is nonprecedential. United States Court of Appeals

for the Federal Circuit

ALLERGAN, INC., SAINT REGIS MOHAWK TRIBE,

Plaintiffs-Appellants

v.

TEVA PHARMACEUTICALS USA, INC., AKORN, INC., MYLAN PHARMACEUTICALS INC., MYLAN,

INC.,

Defendants-Appellees

2018-1130

Appeal from the United States District Court for the Eastern District of Texas in No. 2:15-cv-01455-WCB, Circuit Judge William C. Bryson.

JUDGMENT

JONATHAN ELLIOT SINGER, Fish & Richardson, PC, San Diego, CA, argued for all plaintiffs-appellants. Allergan, Inc. also represented by JUANITA ROSE BROOKS; JOSEPH HERRIGES, JR., DEANNA JEAN REICHEL, Minneapolis, MN; SUSAN E. MORRISON, ROBERT M. OAKES, Wilmington, DE. MICHAEL W. SHORE, Shore Chan DePumpo LLP,

2Dallas, TX, for plaintiff-appellant Saint Regis Mohawk Tribe. Also represented by RUSSELL J. DEPALMA, CHRISTOPHER LIIMATAINEN EVANS.

JOHN CHRISTOPHER ROZENDAAL, Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for all defendants-appellees. Teva Pharmaceuticals USA, Inc. also represented by MICHAEL E. JOFFRE, WILLIAM H. MILLIKEN, PAULINE PELLETIER, RALPH WILSON POWERS, III.

MICHAEL R. DZWONCZYK, Sughrue Mion PLLC, Washington, DC, for defendant-appellee Akorn, Inc. Also represented by MARK BOLAND, BENJAMIN CAPPEL. DOUGLAS H. CARSTEN, Wilson, Sonsini, Goodrich & Rosati, PC, San Diego, CA, for defendants-appellees Mylan Pharmaceuticals Inc., Mylan, Inc. Also represented by CHRISTINA ELIZABETH DASHE; WENDY L. DEVINE, San Francisco, CA. AARON STIEFEL, Arnold & Porter Kaye Scholer LLP, New York, NY, for amicus curiae Pharmaceutical Research and Manufacturers of America. Also represented by DAVID EVAN KORN, Pharmaceutical Research and Manufacturers Association of America, Washington, DC.

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

Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

3November 13, 2018 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court

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Cite this opinion

Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., No. 18-1130 (Fed. Cir. Nov. 13, 2018).

Record ID
CAFC-18-1130-20181113
Permalink
https://patentcasewatch.com/opinions/CAFC-18-1130-20181113

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