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ABBOTT LABORATORIES v. TORPHARM, INC.

No. 02-1014.

300 F.3d 1367 (2002)

ABBOTT LABORATORIES, Plaintiff-Appellee, v. TORPHARM, INC., Apotex, Inc., and Apotex Corp., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied September 12, 2002.

Attorney(s) appearing for the Case

Daniel E. Reidy, Jones, Day, Reavis & Pogue, of Chicago, IL, argued for plaintiff-appellee. With him on the brief were James R. Daly, Robert C. Micheletto, and Jason G. Winchester, of Chicago, Illinois, and Gregory A. Castanias, of Washington, DC.

Scott B. Feder, Lord, Bissell & Brook, of Chicago, IL, argued for defendants-appellants. With him on the brief were Hugh L. Moore, Keith D. Parr, Hugh S. Balsam, and William A. Rakoczy.

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

CLEVENGER, Circuit Judge.

TorPharm, Inc., Apotex, Inc., and Apotex Corporation ("TorPharm") appeal the judgment of the United States District Court for the Northern District of Illinois, granting summary judgment of infringement of U.S. Patents No. 4,988,731 and No. 5,212,326 to Abbott Laboratories ("Abbott"). See Abbott Labs. v. Torpharm, Inc., 156 F.Supp.2d 738 (N.D.Ill.2001). Because we find genuine disputes of material...

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