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ROCHE PALO ALTO LLC v. APOTEX, INC.

No. 2008-1021.

531 F.3d 1372 (2008)

ROCHE PALO ALTO LLC (formerly known as Syntex (U.S.A.) LLC) and Allergan, Inc., Plaintiffs-Appellees, v. APOTEX, INC. and Apotex Corp., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

July 9, 2008.

Attorney(s) appearing for the Case

Alexander L. Brainerd, Heller Ehrman LLP, of San Francisco, California, argued for plaintiffs-appellees. With him on the brief were Christine Saunders Haskett, Samuel F. Ernst, and Nathan E. Shafroth. Of counsel was Keith R. Weed.

Manny D. Poktilow, Caesar, Rivise, Bernstein, Cohen & Pokotilow, LTD., of Philadelphia, Pennsylvania, argued for defendants-appellants. With him on the brief were Robert S. Silver, Mona Gupta, and William J. Castillo. Of counsel on the brief was Shashank S. Upadhye, Apotex, Inc., of Toronto, Ontario, Canada.

Before MICHEL, Chief Judge, PROST, Circuit Judge, and HOCHBERG, District Judge.

PROST, Circuit Judge.

This is a patent infringement case under the Hatch-Waxman Act. Apotex, Inc. and Apotex Corp. (collectively "Apotex") appeal the grant of summary judgment by the United States District Court for the Northern District of California that the patent held by Roche Palo Alto LLC and Allergan, Inc. (collectively "Roche") is valid and infringed by the formulation covered by Apotex's abbreviated new drug application ("ANDA"). Roche Palo Alto, LLC v...

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