8/30/2023 0 Comments Schering pharma1585, creates a procedure by which a drug manufacturer can obtain permission from the Food and Drug Administration *1318 ("FDA") to market a generic version of a previously approved drug. The Drug Price Competition and Patent Term Restoration Act of 1984 ("the Hatch-Waxman Act"), Pub. and Lupin Pharmaceuticals, Inc., (collectively, "Lupin"). In the second case, the court dismissed similar patent infringement claims against Lupin Ltd. In the first case, the court dismissed Bayer's patent infringement claims against Watson Pharmaceuticals, Inc., and Watson Laboratories, Inc., (collectively, "Watson") and Sandoz, Inc. Opinion for the court filed by Circuit Judge BRYSON.ĭissenting opinion filed by Circuit Judge NEWMAN.īayer Schering Pharma AG and Bayer HealthCare Pharmaceuticals, Inc., (collectively, "Bayer") appeal from two judgments of the United States District Court for the Southern District of New York. Ford.īefore NEWMAN, PLAGER, and BRYSON, Circuit Judges. Sipes, Covington & Burling LLP, of Washington, DC, for amicus curiae Pharmaceutical Research and Manufacturers of America. Szeliga, of Washington, DC, for defendants-appellees Lupin Ltd., et al.Ĭhristopher N. Griffith, Leydig, Voit & Mayer, Ltd., of Chicago, IL, and Jamaica P. Hynds and Steven Lieberman, Rothwell, Figg, Ernst & Manbeck, P.C., of Washington, DC, for defendant-appellee Sandoz Inc. Cooklin, of Washington, DC, for defendant-appellees Watson Pharmaceuticals, Inc., et al. Jansen, Kilpatrick Townsend and Stockton, LLP, of San Francisco, CA, argued for all defendants-appellees. Bensinger, Jr., Bartlit, Beck Herman Palenchar & Scott, LLP, of Chicago, IL, argued for plaintiffs-appellants. United States Court of Appeals, Federal Circuit. Watson Pharmaceuticals, Inc., and Watson Laboratories, Inc., Defendants-Appellees. LUPIN, LTD., and Lupin Pharmaceuticals, Inc., Defendants-Appellees.īayer Schering Pharma AG and Bayer Healthcare Pharmaceuticals, Inc., Plaintiffs-Appellants, Producers of pharmaceutical chemicals and active (pharmaceutical) ingredients including fine chemicals, starting from biological or chemical sources – preferably small to medium-sized chemical, biological or technically orientated companies – which would benefit from the given “pharmaceutical environment”.676 F.3d 1316 (2012) BAYER SCHERING PHARMA AG and Bayer Healthcare Pharmaceuticals, Inc., Plaintiffs-Appellants,
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