Ortho-McNeil Pharmaceutical, Inc. v. Teva Pharmaceuticals USA, Inc.
U.S. Court of Appeals for the Federal Circuit
Ortho-McNeil Pharmaceutical, Inc. v. Teva Pharmaceuticals USA, Inc., 188 F. App'x 979 (Fed. Cir. 2006)
Ortho-McNeil Pharmaceutical, Inc. v. Teva Pharmaceuticals USA, Inc.
Opinion of the Court
ON MOTION
ORDER
The parties move jointly to dismiss their appeals of the March 17, 2006 order of the United States District Court for the District of New Jersey in Ortho-McNeil Pharmaceutical, Inc. v. Teva Pharmaceuticals, USA, Inc., No. 02-CV-2794, 2006 WL 755995 et al.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The joint motion to dismiss the appeals is granted.
(2) All sides shall bear their own costs.
We note that the parties request that this dismissal be with prejudice; however, it is not the practice of this court to dismiss with or without prejudice. Furthermore, the parties ask that the court dismiss and remand. However, the court cannot both dismiss and remand.
Reference
- Full Case Name
- ORTHO-McNEIL PHARMACEUTICAL, INC. and Johnson & Johnson Pharmaceutical Research & Development, LLC, Plaintiffs-Cross and Daiichi Pharmaceutical Co., Ltd., Plaintiff-Cross v. TEVA PHARMACEUTICALS USA, INC., Hi-Tech Pharmacal Co., Inc., Sicor Pharmaceuticals, Inc., Sicor, Inc., and American Pharmaceutical Partners, Inc.
- Status
- Published