BAYER AG and Bayer Corporation, Plaintiffs/Counterclaim Defendants-Appellees,
v.
SCHEIN PHARMACEUTICALS, INC., Danbury Pharmacal, Inc., and Reddy-Cheminor, Inc., Defendants/Counterclaimants-Appellants, and
Mylan Pharmaceuticals, Inc., and Mylan Laboratories Inc., Defendants/Counterclaimants-Appellants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
August 9, 2002.
Rehearing and Rehearing Denied October 18, 2002.
Attorney(s) appearing for the Case
Fred H. Bartlit, Jr., Bartlit Beck Herman Palenchar & Scott, of Chicago, IL, argued for plaintiffs/counterclaim defendants-appellees. With him on the brief were Mark L. Levine and Sean W. Gallagher. Of counsel on the brief were Charles W. Bradley and Stanley L. Amberg, Orrick, Herrington & Sutcliffe LLP, of New York, NY.
E. Anthony Figg, Rothwell, Figg, Ernst & Manbeck P.C., of Washington, DC, argued for defendants/counterclaimants-appellants. With him on the brief for Mylan Pharmaceuticals, Inc., et al., were Glenn E. Karta and Elizabeth A. Leff. On the brief for Schein Pharmaceuticals, Inc., et al., were Andrew J. Miller, Brian T. Moriarty, and Bruce D. Radin, Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, of Short Hills, NJ.
Before CLEVENGER, RADER and DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Rehearing and Rehearing En Banc Denied October 18, 2002.
Opinion for the court filed by Circuit Judge CLEVENGER. Concurring opinion filed by Circuit Judge RADER.
CLEVENGER, Circuit Judge.
In these four consolidated patent infringement suits,1 Bayer AG and Bayer Corporation (collectively, "Bayer") sued Schein Pharmaceutical, Inc., Danbury Pharmacal, Inc., Reddy-Cheminor, Inc., Mylan Pharmaceuticals, Inc., and Mylan Laboratories...
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