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ABBOTT LABORATORIES v. NOVOPHARM LTD.

Nos. 96-1299, 96-1311.

104 F.3d 1305 (1997)

ABBOTT LABORATORIES, Plaintiff-Appellant, v. NOVOPHARM LIMITED, Defendant-Appellee. ABBOTT LABORATORIES, Plaintiff-Appellant, v. GENEVA PHARMACEUTICALS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 14, 1997.

Attorney(s) appearing for the Case

Daniel E. Reidy, Jones, Day, Reavis & Pogue, Chicago, IL, argued, for plaintiff-appellant. With him on the brief were James A. White and Tina M. Tabacchi. Of counsel on the brief were Kenneth D. Greisman, Abbott Laboratories, Abbott Park, IL; and J. Daniel Kiser, Terry S. Coleman, and Matthew D. Peterson, Fox, Bennett & Turner, Washington, DC.

Robert F. Green, Leydig, Voit & Mayer, Ltd., Chicago, IL, argued, for defendant-appellee Novopharm Limited. With him on the brief were Christopher T. Griffith and Jeffrey B. Burgan.

James Galbraith, Kenyon & Kenyon, of New York, New York, argued for defendant-appellee Geneva Pharmaceuticals, Inc. With him on the brief was Maria Luisa Palmese.

Before ARCHER, Chief Judge, RICH, Circuit Judge, and FRIEDMAN, Senior Circuit Judge.

ARCHER, Chief Judge.

Abbott Laboratories (Abbott) appeals the March 14, 1996 judgment of the United States District Court for the Northern District of Illinois, No. 95-C-6657, granting the summary judgment motions of defendants Novopharm Ltd. (Novopharm) and Geneva Pharmaceuticals, Inc. (Geneva). The district court held that United States Patent No. 4,112,097 (the '097 patent) expired on October 14, 1995 and accordingly dismissed Abbott's patent infringement complaint...

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