Opinion
2012-1434
02-07-2013
MERCK SHARP & DOHME CORP., MSD INTERNATIONAL GMBH, Plaintiffs-Appellees, v. MYLAN PHARMACEUTICALS INC., Defendant-Appellant.
DAVID T. PRITIKIN, Sidley Austin, LLP, of Chicago, Illinois, argued for plaintiffs-appellees. With him on the brief were WILLIAM H. BAUMGARTNER, JR. and CONSTANTINE L. TRELA, JR.; and PETER S. CHOI, of Washington, DC; and TODD L. KRAUSE, of New York, New York. Of counsel on the brief were PAUL D. MATUKAITIS, EDWARD W. MURRAY and LISA A. JAKOB, Merck & Co., Inc., of Rahway, New Jersey. Of counsel was DONALD A. ROBINSON, Robinson, Wettre & Miller LLC, of Newark, New Jersey. THOMAS J. PARKER, Alston & Bird, LLP, of New York, New York, argued for defendant-appellant. Of counsel were BLAS P. ARROYO and JITENDRA MALIK, of Charlotte, North Carolina; and DEEPRO MUKERJEE, of New York, New York.
NOTE: This disposition is nonprecedential.
Appeal from the United States District Court for the District of New Jersey in No. 10-CV-3085, Judge Jose L. Linares.
JUDGMENT
DAVID T. PRITIKIN, Sidley Austin, LLP, of Chicago, Illinois, argued for plaintiffs-appellees. With him on the brief were WILLIAM H. BAUMGARTNER, JR. and CONSTANTINE L. TRELA, JR.; and PETER S. CHOI, of Washington, DC; and TODD L. KRAUSE, of New York, New York. Of counsel on the brief were PAUL D. MATUKAITIS, EDWARD W. MURRAY and LISA A. JAKOB, Merck & Co., Inc., of Rahway, New Jersey. Of counsel was DONALD A. ROBINSON, Robinson, Wettre & Miller LLC, of Newark, New Jersey.
THOMAS J. PARKER, Alston & Bird, LLP, of New York, New York, argued for defendant-appellant. Of counsel were BLAS P. ARROYO and JITENDRA MALIK, of Charlotte, North Carolina; and DEEPRO MUKERJEE, of New York, New York. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
PER CURIAM (DYK, MAYER, and REYNA, Circuit Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
______________
Jan Horbaly
Clerk