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PURDUE PHARMA L.P. v. BOEHRINGER INGELHEIM GMBH

No. 00-1398.

237 F.3d 1359 (2001)

PURDUE PHARMA L.P., The Purdue Frederick Company, The P.F. Laboratories, Inc., and The Purdue Pharma Company, Plaintiffs-Appellees, v. BOEHRINGER INGELHEIM GMBH, Roxane Laboratories, Inc., and Boehringer Ingelheim Corporation, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied March 12, 2001.

CORRECTED: February 6, 2001.

Attorney(s) appearing for the Case

Herbert F. Schwartz, Fish & Neave, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Robert J. Goldman, Kelsey I. Nix, Richard A. Inz, and Jennifer D. Choe.

John F. Sweeny, Morgan & Finnegan, L.L.P., of New York, NY, argued for defendants-appellants. With him on the brief were Israel Blum, Joseph A. DeGirolamo, Tony V. Pezzano, Andrea L. Wayda, and Bruce D. Radin. Of counsel on the brief were Robert P. Raymond and Mary Ellen M. Devlin, Boehringer Ingelheim Corporation, of Ridgefield, Connecticut.

Before MAYER, Chief Judge, MICHEL and SCHALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 12, 2001.

MAYER, Chief Judge.

Boehringer Ingelheim GmbH, Roxane Laboratories, Inc. and Boehringer Ingelheim Corporation (collectively, "Roxane") appeal the order of the United States District Court for the Southern District of New York granting the motion brought by Purdue Pharma L.P., The Purdue Frederick Company, The P.F. Laboratories, Inc. and The Purdue Pharma Company (collectively, "Purdue") to preliminarily...

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