United States Federal Circuit

Because 21 U.S.C. section 355(j)(2)(B) and its requirements for a showing of non-infringement cannot be enforced by a private party in a patent infringement action, dismissal with prejudice of an action under that statute was proper, and court had jurisdiction to so dismiss.

Appellate Information

• Decided 05/01/2002
• Published 05/01/2002

Judges

• DYK, Circuit Judge., Before MICHEL, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Donald R. Dunner,Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiffs-appellants.   On the brief were Allen M. Sokal, Charles E. Lipsey, David S. Forman, and Gregory A. Chopskie.   Of counsel on the brief were Kevin H. Rhodes, and MarySusan Howard, Office of Intellectual Property Counsel, of St. Paul, MN., James K. Stronski, Frommer Lawrence & Haug LLP, of New York, NY, argued for plaintiff-appellant.   With him on the brief was Edgar H. Haug. Of counsel on the brief was Bruce H. Little, Lindquist & Vennum, P.L.L.P., of Minneapolis, MN.


• For Appellees:
  
• James F. Hurst, Winston & Strawn, of Chicago, IL, argued for defendant-appellee.   With him on the brief were Christine J. Siwik and Christopher Shearer.