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BAYER AG v. ELAN PHARMACEUTICAL RESEARCH CORP.

No. 99-1365.

212 F.3d 1241 (2000)

BAYER AG and Bayer Corporation, Plaintiffs-Appellants, v. ELAN PHARMACEUTICAL RESEARCH CORPORATION and Elan Corporation, PLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied June 22, 2000.

Attorney(s) appearing for the Case

Rudolf E. Hutz, Connolly, Bove, Lodge & Hutz, of Wilmington, Delaware, argued for plaintiffs-appellants. With him on the brief were Jeffrey B. Bove, Mary W. Bourke, and William E. McShane.

Gary N. Frischling, Irell & Manella LLP, of Los Angeles, California, argued for defendants-appellees. With him on the brief were Richard M. Birnholz, Flavio Rose, and Nicola J. Bird.

Before CLEVENGER, SCHALL, and BRYSON Circuit Judges.

Rehearing and Rehearing En Banc Denied June 22, 2000.

SCHALL, Circuit Judge.

Bayer AG and Bayer Corporation (collectively, "Bayer") own United States Patent No. 5,264,446 (the "'446 patent"). The '446 patent claims a pharmaceutical composition that contains nifedipine crystals of a defined specific surface area ("SSA"). The patent also claims the composition's method of preparation and a method of treatment using the composition. Bayer sued Elan Pharmaceutical...

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