United States DC Circuit

Summary judgment for agency-defendant in a challenge to its decision to change dosage forms, labeling, and established names associated with plaintiff's pioneer drug in ways that would ease the path for competing generic drugs is affirmed where there was no error in the district court's conclusions.

Appellate Information

• Argued 10/24/2005
• Decided 01/31/2006
• Published 01/31/2006

Judges

• STEPHEN F. WILLIAMS, Senior Circuit Judge., Before:  TATEL and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John M. Engel III argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Drake Cutini, Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Eugene M. Thirolf, Jr., Director, Alex M. Azar II, General Counsel, U.S. Department of Health and Human Services, Eric M. Blumberg, Deputy Chief Counsel, and Karen E. Schifter, Associate Chief Counsel.