NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2007-1508

MCNEIL-PPC, INC., MERCK & CO., INC., and JOHNSON & JOHNSON – MERCK CONSUMER PHARMACEUTICALS COMPANY,

Plaintiffs-Appellants,

v.

PERRIGO COMPANY, L. PERRIGO COMPANY,

and PERRIGO RESEARCH & DEVELOPMENT COMPANY,

Defendants-Appellees.

Harry J. Roper, Jenner & Block LLP, of Chicago, Illinois, argued for plaintiffs- appellants. With him on the brief were Raymond N. Nimrod and Kristopher R. Kiel. Of counsel on the brief was Ronald M. Daignault, of New York, New York.

Steven L. Underwood, Price, Heneveld, Cooper, DeWitt & Litton, LLP, of Grand Rapids, Michigan, argued for defendants-appellees. With him on the brief were James A. Mitchell and Andrea Z. Warmbier. Appealed from: United States District Court for the Southern District of New York Judge William H. Pauley, III

NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2007-1508

MCNEIL-PPC, INC., MERCK & CO., INC., and JOHNSON & JOHNSON – MERCK CONSUMER PHARMACEUTICALS COMPANY,

Plaintiffs-Appellants,

v.

PERRIGO COMPANY, L. PERRIGO COMPANY,

and PERRIGO RESEARCH & DEVELOPMENT COMPANY,

Defendants-Appellees.

Judgment ON APPEAL from the UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF NEW YORK in CASE NO(S). 05-CV-1321 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

Per Curiam (LOURIE, RADER, and BRYSON, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT DATED April 14, 2008 _/s/ Jan Horbaly___________________

Jan Horbaly, Clerk