Novo Nordisk v. Caraco Pharmaceutical Laboratories, Ltd.

615 F.3d 1374, 95 U.S.P.Q. 2d (BNA) 1880, 2010 U.S. App. LEXIS 15611

Opinions

GAJARSA, Circuit Judge, with whom DYK, Circuit Judge, joins, dissents from the denial of the petition for rehearing en banc.

ORDER

PER CURIAM.

Defendants-Appellees Caraco Pharmaceutical Laboratories, Ltd. and Sun Pharmaceutical Industries, Ltd. (“Caraco and Sun”) filed a combined petition for panel rehearing and rehearing en banc. The panel invited a response from Plaintiffs-Appellants Novo Nordisk A/S and Novo Nordisk, Inc. The court granted leave to file briefs amici curiae to Teva Pharmaceuticals, USA, Inc., Mylan Pharmaceuticals Inc., Apotex Inc. and Impax Laboratories, Inc., Consumer Federation of America and National Legislative Association on Prescription Drug Prices, and Generic Pharmaceutical Association.

The petition for rehearing was considered by the panel that heard the appeal, and thereafter the petition for rehearing en banc, the response to the petition, and briefs amici curiae were referred to the circuit judges who are authorized to request a poll on whether to rehear the appeal en banc. A poll was requested, taken, and failed.

Upon consideration thereof,

It Is Ordered That:

(1) The petition of Defendants-Appellees Caraco and Sun for panel rehearing is denied.

(2) The petition of Defendants-Appellees Caraco and Sun for rehearing en banc is denied.

(8) The mandate of the court will issue on August 5, 2010.