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UPJOHN CO. v. MOVA PHARMACEUTICAL CORP.

No. 99-1092.

225 F.3d 1306 (2000)

The UPJOHN COMPANY, Plaintiff-Appellant, v. MOVA PHARMACEUTICAL CORP., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 11, 2000.

Attorney(s) appearing for the Case

Gerald Sobel, Kaye, Scholer, Fierman, Hays & Handler, LLP, New York, New York, argued for plaintiff-appellant. With him on the brief were Steven J. Glassman and Steven D. Roth.

Ronald L. Grudziecki, Burns, Doane, Swecker & Mathis, L.L.P., Alexandria, Virginia, argued for defendant-appellee. With him on the brief were Matthew P. Blischak, Susan M. Dadio, and Alan L. Whitehurst, of Alexandria, Virginia, and Allen R. Baum, of Durham, North Carolina.

Before NEWMAN, Circuit Judge, SKELTON and ARCHER, Senior Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

In response to the filing by MOVA Pharmaceutical Corporation of an Abbreviated New Drug Application (ANDA) for a bioequivalent form of Upjohn's formulation of the anti-diabetic drug glyburide, in accordance with 21 U.S.C. § 355(j) the Upjohn Company filed suit charging MOVA with infringement of United States Patent No. 4,916,163 (the '163 patent). The United States District Court for the District of Puerto Rico entered judgment...

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