NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

KING PHARMACEUTICALS, INC. AND KING PHARMACEUTICALS RESEARCH AND DEVELOPMENT, INC., Plaintiffs/Counterclaim Defendants-Appellees,

and

JONES PHARMA INC., Plaintiff/Counterclaim Defendant,

v.

EON LABS, INC., Defendant/Counterclaim Plaintiff-Appellant,

v.

ELAN PHARMACEUTICALS, INC., Counterclaim Defendant-Appellee. ____________________

2011-1070 ______________________

Appeal from the United States District Court for the Eastern District of New York in No. 04-CV-5540, Senior Judge David G. Trager. ______________________

JUDGMENT ______________________

F. DOMINIC CERRITO, Jones Day, of New York, New York, argued for plaintiffs/counterclaim defendants- appellees. With him on the brief were DANIEL L. MALONE, ERIC C. STOPS and EVANGELINE SHIH. Of counsel was DANIEL C. WIESNER.

MARTIN B. PAVANE, Cozen O’Connor, of New York, New York, argued for defendant/counterclaim plaintiff- appellant.

JAMES B. MONROE, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for counterclaim defendant-appellee. With him on the brief were PAUL W. BROWNING and KAKOLI CAPRIHAN. Of counsel were JUSTIN J. HASFORD and LAWRENCE L. ILAG. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, NEWMAN and REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

August 12, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk