United States DC Circuit

Plaintiff-pharmaceutical company's suit, seeking an injunction directing defendant-FDA to issue final approval for its drug application, is dismissed where res judicata bars plaintiff from bringing the suit.

Appellate Information

• Argued 12/06/2004
• Decided 12/21/2004
• Published 12/21/2004

Judges

• HARRY T. EDWARDS, Circuit Judge., Before:  EDWARDS, SENTELLE, and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William A. Rakoczy argued the cause for appellant.   With him on the briefs were Christine J. Siwik, Matthew O. Brady, Amy D. Brody, Lara Monroe-Sampson, and Arthur Y. Tsien.


• For Appellees:
  
• Charles J. Raubicheck argued the cause for appellee Purepac Pharmaceutical Company.   With him on the brief was William B. Schultz. Ronald H. Weich entered an appearance., Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for federal appellees.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Douglas N. Letter, Attorney, Alex M. Azar, II, General Counsel, U.S. Department of Health & Human Services, Daniel E. Troy, Chief Counsel, and Karen E. Schifter, Counsel.