United States Federal Circuit

A judgment holding defendant-Apotex in contempt for violating an injunction, which barred it from commercially manufacturing, using, selling, offering to sell, or importing into the U.S. a generic version of an anti-seizure medication containing an ingredient infringing plaintiff's patents, is reversed where the district court erred in finding defendant in contempt when the conduct at issue, defendant's filing a second Abbreviated New Drug Application (ANDA) with the FDA, was not within the express terms of the injunction.

Appellate Information

• Decided 10/11/2007
• Published 10/11/2007

Judges

• Before MICHEL, Chief Judge, DYK, Circuit Judge, and OTERO, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Daniel E. Reidy, Jones Day, of Chicago, IL, argued for plaintiff-appellee.   With him on the brief were James R. Daly, Jason G. Winchester, Brian J. Murray, and Paula S. Quist.   Of counsel on the brief was Gregory A. Castanias, of Washington, DC., Deanne M. Mazzochi, Rakoczy Molino Mazzochi Siwik LLP, of Chicago, IL, argued for defendants-appellants.   With her on the brief were Terrence P. Canade, and Hugh S. Balsam, Lord, Bissell & Brook LLP, of Chicago, IL. Of counsel was Adam G. Kelly.