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PHARMACIA & UPJOHN CO. v. MYLAN PHARMACEUTICALS

No. 98-1360.

170 F.3d 1373 (1999)

PHARMACIA & UPJOHN COMPANY, Plaintiff-Appellant, v. MYLAN PHARMACEUTICALS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 18, 1999.

Attorney(s) appearing for the Case

Steven J. Glassman, Kay, Scholer, Fierman, Hays & Handler, LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were Gerald Sobel, and George A. Xixis.

E. Anthony Figg, Rothwell, Figg, Ernst & Kurz, of Washington, DC, argued for defendant-appellee. With him on the brief was Minaksi Bhatt. Of counsel were Lucien G. Lewin, Steptoe & Johnson, of Martinsburg, West Virginia; and Dawn J. Beto and Roger L. Foster, Mylan Laboratories, Inc., of Morgantown, West Virginia.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

LOURIE, Circuit Judge.

Pharmacia & Upjohn Company ("Upjohn") appeals from the decision of the United States District Court for the Northern District of West Virginia granting summary judgment to Mylan Pharmaceuticals, Inc. The court held that Mylan did not infringe the claims of Upjohn's U.S. Patent 4,916,163 under the doctrine of equivalents because of prosecution history estoppel, and alternatively, that Upjohn was collaterally estopped from asserting its infringement...

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