United States Federal Circuit

In a patent dispute brought by the maker of Plavix, a heart and stroke medication, arising from the launch of defendants' generic product, grant of a preliminary injunction in favor of plaintiffs is affirmed where there was no abuse of discretion: 1) in rulings with respect to patent validity and enforceability for purposes of a likelihood of success on the merits, in a finding of irreparable harm, in balancing the hardships, or in evaluating the public interests; 2) by precluding defendant from asserting an unclean hands defense; or 3) in setting a bond amount.

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• LOURIE, Circuit Judge., Before LOURIE and BRYSON, Circuit Judges, CLEVENGER, Senior Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Anthony F. Lo Cicero, Amster, Rothstein & Ebenstein LLP, of New York, NY, for amicus curiae, Generic Pharmaceutical Association.   With him on the brief was Richard S. Mandaro., David H. Weinstein, Weinstein Kitchenoff & Asher LLC, of Philadelphia, PA, for amicus curiae, Medco Health Solutions, Inc., Jeffrey Light, Patients Not Patents, Inc., of Washington, DC, for amicus curiae, Patients Not Patents, Inc.


• For Appellees:
  
• Evan R. Chesler, Cravath, Swaine & Moore, LLP, of New York, NY, argued for plaintiffs-appellees.   With him on the brief were Richard J. Stark and David Greenwald.   Of counsel on the brief were Robert L. Baechtold, John D. Murnane, and William E. Solander, Fitzpatrick, Cella, Harper & Scinto, of New York, NY., Bruce J. Chasan, Caesar, Rivise, Bernstein, Cohen & Pokotilow, Ltd., of Philadelphia, PA, argued for defendants-appellants.   With him on the brief were Robert S. Silver, Manny D. Pokotilow, Mona Gupta, and Lynn M. Terrebonne.