NOVO NORDISK A/S v. CARACO PHARMACEUTICAL

No. 2010-1001.

615 F.3d 1374 (2010)

NOVO NORDISK a/s and Novo Nordisk, Inc., Plaintiffs-Appellants, v. CARACO PHARMACEUTICAL LABORATORIES, LTD., and Sun Pharmaceutical Industries, Ltd., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 29, 2010.


Attorney(s) appearing for the Case

James F. Hurst, Winston & Strawn LLP, of Chicago, IL, filed a combined petition for panel hearing and rehearing en banc for defendants-appellees. With him on the petition were Charles B. Klein, Steffen N. Johnson, Scott H. Blackman, and Andrew C. Nichols, of Washington, DC; David S. Bloch, of San Francisco, CA.

Josh A. Krevitt, Gibson, Dunn & Crutcher LLP, of New York, NY, filed a response to the petition for plaintiffs-appellants. With him on the response were Mark A. Perry, of Washington, DC; Wayne Barsky, of Los Angeles, CA; and Michael A. Sitzman, of San Francisco, CA.

William A. Rakoczy, Rakoczy Molino Mazzochi Siwik LLP, of Chicago, IL, for amicus curiae Generic Pharmaceutical Association.

Shashank Upadhye, Apotex, Inc., of Toronto, ON Canada, for amicus curiae Apotex, Inc. With him on the brief was Michael A. Berta, Wilson Sonsini Goodrich & Rosati, of San Francisco, CA, for Impax Laboratories, Inc.

David A. Balto, The Law Offices of David A. Balto, of Washington, DC, for amici curiae Consumer Federation of America and National Legislative Association on Prescription Drug Prices.

Shannon M. Bloodworth, Perkins Coie LLP, of Washington, DC, for amicus curiae Mylan Pharmaceuticals Inc.

Michael D. Shumsky, Kirkland & Ellis LLP, of Washington, DC for amicus curiae Teva Pharmaceuticals USA, Inc.

GAJARSA, Circuit Judge, with whom DYK, Circuit Judge, joins, dissents from the denial of the petition for rehearing en banc.


ORDER

PER CURIAM.

Defendants-Appellees Caraco Pharmaceutical Laboratories, Ltd. and Sun Pharmaceutical Industries, Ltd. ("Caraco and Sun") filed a combined petition for panel rehearing and rehearing en banc. The panel invited a response from Plaintiffs-Appellants Novo Nordisk A/S and Novo Nordisk, Inc. The court granted leave to file briefs amici curiae to Teva Pharmaceuticals, USA, Inc., Mylan Pharmaceuticals...

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