Warner Chilcott Company, LLC v. Impax Laboratories, Inc., No. 12-1376 (Fed. Cir. Sept. 7, 2012)

NOTE: This disposition is nonprecedential. Wniteb ~tate5 QCourt of ~ppeaI5

for tbe jfeberaI QCircuit

WARNER CHILCOTT COMPANY, LLC,

WARNER CHILCOTT (US), LLC, and MAYNE PHARMA INTERNATIONAL PTY. LTD.,

Plaintiffs-Appellants,

v.

IMPAX LABORATORIES, INC.,

Defendant-Cross Appellant,

and

MYLAN PHARMACEUTICALS INC. and MYLAN

INC.,

Defendants-Cross Appellants,

and

SANDOZ, INC.,

Defendant.

2012-1376, -1377, -1378, -1440, -1441, -1442

Appeals from the United States District Court for the District of New Jersey in Consolidated Case Nos. 08-CV 6304, 09-CV-1233, and 09-CV-2073, Judge William J. Martini.

JUDGMENT

2DOMINICK A. CONDE, Fitzpatrick, Cella, Harper & Scinto, of New York, New York, argued for plaintiffs appellants. With him on the brief were GREGORY B. SEPHTON, DIEGO SCAMBIA, BRENDAN M. O'MALLEY, and JEFFREY R. COLIN. Of counsel on the brief was JOHN E. FLAHERTY, McCarter & English, LLP, of Newark, New Jersey. Of counsel was CHRISTINA A. L. SCHWARZ, Fitzpatrick, Cella, Harper & Scinto, of New York, New York.

ERIC H. WEISBLATT, Wiley Rein LLP, of Washington, DC, argued for defendant-cross appellant, Imp ax Laboratories, Inc. With him on the brief were MARK A. PACELLA, ROBERT J. SCHEFFEL, LUCY M. STARK and ADRIENNE G. JOHNSON. Of counsel was MICHAEL E. PATUNAS, LITE DEPALMA, Greenberg & Rivas, LLC, of Newark, New Jersey.

LARRY L. SHATZER, Wilson Sonsini Goodrich & Rosati, PC, of Washington, DC, argued for defendants-cross appellants, Mylan Pharmaceuticals Inc., et al. With him on the brief were SHAUN R. SNADER; and JOSHUA MACK, of San Diego, California; and TUNG ON KONG, of San Francisco, California. Of counsel on the brief was ARNOLD B. CALMANN, Saiber, LLC, of Newark, New Jersey.

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