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ABBOTT LABORATORIES v. DEY, L.P.

No. 01-1374.

287 F.3d 1097 (2002)

ABBOTT LABORATORIES and Mitsubishi-Tokyo Pharmaceuticals, Inc. (formerly known as Tokyo Tanabe Co., Ltd.), Plaintiffs-Appellants, v. DEY, L.P. and Dey, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied: June 14, 2002.

Attorney(s) appearing for the Case

Thomas M. Durkin, Mayer, Brown & Platt, of Chicago, IL, argued for plaintiffs-appellants. On the brief was Stephen A. Miller.

J. Bruce McCubbrey, Coudert Brothers, of San Francisco, CA, argued for defendants-appellees. With him on the brief were Robert D. Becker of San Francisco, CA; and Darrell Prescott, of New York, NY.

Before NEWMAN, GAJARSA, and PROST, Circuit Judges.

Rehearing and Rehearing En Banc Denied: June 14, 2002.*

PROST, Circuit Judge.

Plaintiffs Mitsubishi-Tokyo Pharmaceuticals, Inc. and Abbott Laboratories appeal the decision of the United States District Court for the Northern District of Illinois granting defendants Dey L.P. and Dey, Inc. summary judgment of noninfringement of U.S. Patent No. 4,397,839 ("the '839 patent"). Because the district court improperly precluded plaintiffs...

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