No. 95-1502.

69 F.3d 1130 (1995)

BRISTOL-MYERS SQUIBB COMPANY and E.R. Squibb & Sons, Inc., Plaintiffs-Appellants, v. ROYCE LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied December 8, 1995.

Attorney(s) appearing for the Case

Robert J. Brookhiser, Howrey & Simon, Washington, DC, argued for plaintiffs-appellants. With him on the brief were Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, New York City, and Donald J. Barrack, Bristol-Myers Squibb Company and E.R. Squibb & Sons, Inc., Princeton, New Jersey.

Milton A. Bass, Bass & Ullman, P.C., New York City, argued for defendant-appellee. With him on the brief were Jacob Laufer and James N. Czaban.

Before SCHALL, Circuit Judge, COWEN, Senior Circuit Judge, and BRYSON, Circuit Judge.

SCHALL, Circuit Judge.

Bristol-Myers Squibb Company and E.R. Squibb & Sons, Inc. (collectively, "Bristol") own United States Patent No. 4,105,776 (the "'776 patent"), which claims the drug captopril. In this action, Bristol appeals from the August 24, 1995 order of the United States District Court for the Southern District of Florida in Bristol-Myers Squibb Co. v. Royce Labs, Inc., No. 95-1682-CIV-DAVIS, 1995 WL...

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