United States Federal Circuit

In a suit alleging infringement of plaintiff's patents relating to extended release formulations of clarithromycin, grant of a preliminary injunction for plaintiff is affirmed where: 1) collateral estoppel does not apply, contrary to defendant's arguments; and 2) the district court did not abuse its discretion in finding that plaintiff is likely to succeed on the merits.

Appellate Information

• Decided 01/05/2007
• Published 01/05/2007

Judges

• PROST, Circuit Judge., Before MICHEL, Chief Judge, PROST, Circuit Judge, ELLIS, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Jeffrey I. Weinberger, Munger, Tolles & Olson, LLP, of Los Angeles, CA, argued for plaintiff-appellee.   With him on the brief was Ted G. Dane. Of Counsel on the brief were Jason Rantanen and Genevieve A. Cox, of San Francisco, CA., Eric D. Isicoff, Isicoff, Ragatz & Koenigsberg, of Miami, FL, argued for defendant-appellant.   With him on the brief was Teresa Ragatz.   Of counsel on the brief were Alan B. Clement, Martin P. Endres, and Katharine G. Loving, Hedman & Costigan, P.C., of New York, NY;  and Steven H. Sklar, Leydig, Voit & Mayer, Ltd., of Chicago, IL.