PURDUE PHARMA L.P. v. FAULDING INC.

Nos. 99-1416, 99-1433.

230 F.3d 1320 (2000)

PURDUE PHARMA L.P. and The Purdue Frederick Company, Plaintiffs-Appellants, v. FAULDING INC., Faulding Pharmaceutical Co., Faulding Services, Inc., and Purepac Pharmaceutical Co., Defendants-Cross-Appellants, and Zeneca Inc., Defendant.

United States Court of Appeals, Federal Circuit.

DECIDED: October 25, 2000.


Attorney(s) appearing for the Case

S. Leslie Misrock and Victor N. Balancia, Pennie & Edmonds LLP, of New York, New York, argued for plaintiffs-appellants. With them on the brief was Todd A. Wagner, and Stanton T. Lawrence, III, Pennie & Edmonds LLP, of Washington, DC.

Steven J. Lee, Kenyon & Kenyon, of New York, New York, argued for defendants-cross appellants. With him on the brief were Paul H. Heller, Edward J. Handler, III, Charles A. Weiss, William G. James, II, and Mark I. Koffsky. Of counsel on the brief was E. Brendan Magrab, Faulding Inc., of Elizabeth, New Jersey. Of counsel were Jack B. Blumenfeld, and Karen Jacobs Louden, Morris, Nichols, Arsht & Tunnell, of Wilmington, Delaware.

Before PLAGER, Circuit Judge, SMITH, Senior Circuit Judge, and BRYSON, Circuit Judge.


BRYSON, Circuit Judge.

Purdue Pharma L.P. and The Purdue Frederick Company (collectively Purdue) own U.S. Patent No. 5,672,360 (the '360 patent), which is drawn to methods of treating pain in patients by administering an opioid, such as morphine, once a day. Purdue brought a patent infringement suit against Faulding Inc., Faulding Pharmaceutical Co., Faulding Services, Inc., and Purepac Pharmaceutical Co. (collectively Faulding...

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