United States Federal Circuit

In a patent suit brought by Eli Lilly involving a compound used to treat schizophrenia, which arose from defendants' filing of an Abbreviated New Drug Application (ANDA), a judgment for Eli Lilly finding its patent valid and infringed is affirmed over challenges to the trial court-s conclusions on the validity of the patent and inequitable conduct.

Appellate Information

• Decided 12/26/2006
• Published 12/26/2006

Judges

• RADER, Circuit Judge., Before RADER, SCHALL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Charles E. Lipsey, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Reston, VA, argued for plaintiffs-appellees.   With him on the brief were L. Scott Burwell;  David S. Forman and Laura P. Masurovsky, of Washington, DC;  Robert F. McCauley, of Palo Alto, CA;  and Jan M. Carroll, Barnes & Thornburg, LLP, of Indianapolis, IN. Of counsel on the brief were James P. Leeds, David M. Stemerick, and Robert D. Titus, Eli Lilly and Company, of Indianapolis, IN., William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, NJ, argued for defendant-appellant, Zenith Goldline Pharmaceuticals, Inc. (now known as Ivax Pharmaceuticals, Inc.).   With him on the brief were Roy H. Wepner and Michael H. Teschner.   Of counsel on the brief were Jeffrey S. Ward and Thomas P. Heneghan, Michael Best & Friedrich LLP, of Madison, WI.   Joining in the brief were Steven J. Lee, Elizabeth Holland, and Patrice P. Jean, Kenyon & Kenyon, of New York, NY, for defendant-appellant, Teva Pharmaceuticals USA, Inc., Stuart D. Sender, Budd Larner, P.C., of Short Hills, NJ, argued for defendant-appellant, Dr. Reddy's Laboratories, Ltd.   With him on the brief were Ellen T. Lowenthal and Michael H. Imbacuan.