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APOTEX USA, v. MERCK & CO.

No. 00-1272.

254 F.3d 1031 (2001)

APOTEX USA, INC., Plaintiff-Appellant, v. MERCK & CO., INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Corrected June 26, 2001.

Rehearing and Rehearing Denied August 2, 2001.

Attorney(s) appearing for the Case

Alan H. Bernstein, Caesar, Rivise, Bernstein, Cohen & Pokotilow, LTD., of Philadelphia, Pennsylvania, argued for plaintiff-appellant. With him on the brief were Robert S. Silver and William Joseph Castillo.

Nicolas G. Barzoukas, Howrey Simon Arnold & White, LLP, of Houston, Texas, argued for defendant-appellee. With him on the brief were John F. Lynch, Gerard M. Devlin, Jr., and Peter J. Chassman, Howrey Simon Arnold & White, LLP, and Paul D. Matukaitis, Merck & Company, of Whitehouse Station, New Jersey; and Edward W. Murray, Merck & Company, of Rahway, New Jersey.

Before LOURIE, CLEVENGER, and LINN, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 2, 2001.*

LOURIE, Circuit Judge.

Apotex USA, Inc. appeals from the decision of the United States District Court for the Northern District of Illinois granting Merck & Co., Inc.'s motion for summary judgment that the claims of U.S. Patents 5,573,780 and 5,690,962 are invalid under 35 U.S.C. § 102(g). Apotex Corp. v. Merck & Co., No. 96-C-7375, 2000 WL 97,582 (N.D...

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