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PHARMACIA CORP. v. PAR PHARMACEUTICAL, INC.

Nos. 04-1478, 04-1496.

417 F.3d 1369 (2005)

PHARMACIA CORPORATION, Pharmacia AB, Pharmacia Enterprises S.A., and Pharmacia & Upjohn Company, Plaintiffs-Cross Appellants, and The Trustees of Columbia University in the City of New York, Plaintiff, v. PAR PHARMACEUTICAL, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 10, 2005.

Attorney(s) appearing for the Case

Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell, of Wilmington, Delaware, argued for plaintiffs-cross appellants. With him on the brief were Maryellen Noreika, Rodger D. Smith, II, and Leslie A. Polizoti. Of counsel on the brief was Robert D. Rhoad, Dechert LLP, of Princeton, New Jersey.

Glenn J. Pfadenhauer, Williams & Connolly LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were John G. Kester and Jessamyn S. Berniker. Of counsel was Aaron P. Maurer.

Before RADER, SCHALL, and LINN, Circuit Judges.

RADER, Circuit Judge.

Par Pharmaceutical, Inc. (Par) filed Abbreviated New Drug Application (ANDA) No. 76-218, seeking approval to market and sell a generic version of a glaucoma medication called Xalatan. Because the United States District Court for the District of New Jersey did not abuse its discretion in finding only U.S. Patent No. 5,422,368 (the '368 patent) unenforceable due to inequitable conduct, this court affirms.

I.

Glaucoma is a chronic...

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