United States DC Circuit

Drug licensee seeking to appeal an Abbreviated New Drug Application decision for marketing a generic drug before the expiration of a patent has a moot appeal if another district court holds that no one can market the generic drug until the expiration of the underlying patent.

Appellate Information

• Argued 12/05/2001
• Decided 01/18/2002
• Published 01/18/2002

Judges

• Before:  SENTELLE and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James F. Hurst argued the cause for appellant.   With him on the briefs was Christine J. Siwik.


• For Appellees:
  
• John F. Cooney argued the cause and filed the brief for appellee.