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GLAXO, INC. v. TORPHARM, INC.

No. 97-1556.

153 F.3d 1366 (1998)

GLAXO, INC. and Glaxo Group Limited, Plaintiffs-Appellants, v. TORPHARM, INC., Apotex USA, Inc. and Apotex, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined September 29, 1998.

Attorney(s) appearing for the Case

Stephen B. Judlowe, Hopgood, Calimafde, Kalil & Judlowe, L.L.P., New York City, argued, for plaintiffs-appellants. With him on the brief were William G. Todd, Scott Lindvall, Adam T. Bernstein and Daniel R. Schechter.

Hugh L. Moore, Lord, Bissell & Brook, Chicago, IL, argued, for defendants-appellees. With him on the brief were Keith D. Parr and Christine J. Siwik. Of counsel was Diane Irene Jennings.

Before PLAGER, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined September 29, 1998.

PLAGER, Circuit Judge.

This is yet another appeal in the ongoing litigation between the holder of patents on a popular medication, Zantac®, and a number of generic drug companies who are attempting to sell a generic equivalent of the drug. The original United States patent held by plaintiffs, Glaxo, Inc. and Glaxo Group Limited ("Glaxo"), No. 4,128,658 ("the '658 patent")...

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