NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-1194
PFIZER INC.,
Plaintiff-Appellee,
v.
MYLAN LABORATORIES, INC. and MYLAN PHARMACEUTICALS, INC.,
Defendants-Appellants.
ON MOTION
Before SCHALL, GAJARSA, and LINN, Circuit Judges.
LINN, Circuit Judge.
ORDER
Mylan Laboratories, Inc. and Mylan Pharmaceuticals, Inc. (Mylan) move for
summary reversal of the judgment and amended judgment of the United States District
Court for the Western District of Pennsylvania. Pfizer Inc. opposes.
On March 22, 2007, in Pfizer, Inc. v. Apotex, Inc., 480 F.3d 1348 (Fed. Cir.
2007), this court held that the asserted claims of Pfizer's patent are invalid. On May 21,
2007, this court denied Pfizer's petition for rehearing en banc in that case and the
mandate issued.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) Mylan's motion for summary reversal is granted. The district court's
judgment and amended judgment are reversed.
(2) Each side shall bear its own costs.
FOR THE COURT
June 5, 2007 /s/ Richard Linn
Date Richard Linn
Circuit Judge
cc: Richard G. Greco, Esq.
David J. Harth, Esq.
s8
ISSUED AS A MANDATE: June 5, 2007
2007-1194 -2-