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SANOFI-AVENTIS v. APOTEX INC.

No. 2011-1048.

659 F.3d 1171 (2011)

SANOFI-AVENTIS, Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership, Plaintiffs-Appellees, v. APOTEX INC. and Apotex Corp., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

October 18, 2011.

Attorney(s) appearing for the Case

Evan R. Chesler , Cravath, Swaine & Moore, LLP, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Richard J. Stark and David Greenwald. Of counsel on the brief were Robert L. Baechtold , John D. Murnane and William E. Solander , of Fitzpatrick, Cella, Harper & Scinto, of New York, NY.

Robert B. Breisblatt , Katten Muchin & Rosenman, LLP, of Chicago, IL, argued for defendants-appellants. With him on the brief was Eric C. Cohen. Of counsel was Stephen P. Benson.

Opinion for the court filed by Circuit Judge MOORE. Circuit Judge NEWMAN dissents-in-part.

MOORE, Circuit Judge.

Apotex Inc. and Apotex Corp. (collectively, Apotex) appeal the United States District Court for the Southern District of New York's award of prejudgment interest to Sanofi-Aventis, Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership (collectively, Sanofi) and its holding that Apotex Inc. is jointly and severally liable for damages. Sanofi-Aventis v. Apotex...

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