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MOMENTA PHARMACEUTICALS v. AMPHASTAR PHARMA.

Nos. 2012-1062, 2012-1103, 2012-1104.

686 F.3d 1348 (2012)

MOMENTA PHARMACEUTICALS, INC., Plaintiff-Appellee, and Sandoz, Inc., Plaintiff-Appellee, v. AMPHASTAR PHARMACEUTICALS, INC., International Medication Systems, Ltd., Watson Pharmaceuticals, Inc., and Watson Pharma., Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

August 3, 2012.

Attorney(s) appearing for the Case

Robert S. Frank, Jr. , Choate Hall & Stewart LLP, of Boston, MA, argued for both plaintiffs-appellees. With him on the brief was Eric J. Marandett . Of counsel on the brief for plaintiff-appellee for Sandoz, Inc., was Thomas P. Steindler , McDermott, Will & Emery LLP, of Washington, DC.

Patricia A. Millett , Akin Gump Strauss Hauer & Feld LLP, of Washington, DC, argued for plaintiffs-appellants. With her on the brief were Anthony T. Pierce , Mark Mansour , Emily C. Johnson and James E. Tysse ; and L. Rachel Lerman , of Los Angeles, CA.

Opinion for the court filed by Circuit Judge MOORE. Dissenting opinion filed by Chief Judge RADER.

MOORE, Circuit Judge.

Amphastar Pharmaceuticals, Inc., International Medication Systems, Ltd., Watson Pharmaceuticals, Inc., and Watson Pharma., Inc. (collectively, Amphastar) appeal the district court's order denying the Emergency Motion to Dissolve or Stay the preliminary injunction entered in this case. Because the district court applied an unduly narrow interpretation of the Hatch-Waxman safe harbor, 35 U.S.C. § 271(e)(1), we vacate the grant of a preliminary...

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