United States DC Circuit
ANDRX PHARMS., INC. v. BIOVAIL CORP. INT'L, 00-5050 ; 00-5396
Plaintiff's failure to inform the court that the FDA had approved its product justified the court's dismissal for failure to sufficiently allege its intent and capacity to enter the market, but the dismissal should have been without prejudice.
Appellate Information
- Argued 02/12/2001
- Decided 07/31/2001
- Published 07/31/2001
Judges
- Before: HENDERSON, RANDOLPH and GARLAND, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Richard J. Leighton argued the cause for the appellant. John B. Dubeck, Douglas J. Behr and Eric H. Singer were on brief.
- For Appellees:
- Louis M. Solomon argued the cause for the appellee. Louis M. Solomon, Colin A. Underwood, Jennifer R. Scullion, Eugene M. Pfeifer, James D. Miller and Peter M. Todaro were on brief.