GLAXO WELLCOME, INC. v. ANDRX PHARMACEUTICALS

No. 02-1348.

344 F.3d 1226 (2003)

GLAXO WELLCOME, INC., Plaintiff-Appellant, v. ANDRX PHARMACEUTICALS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Corrected September 22, 2003.


Attorney(s) appearing for the Case

Stephen B. Judlowe, Morgan Lewis & Bockius LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were Dennis J. Mondolino, Janet B. Linn, Jason A. Lief, Philip L. Hirschhorn, Esther H. Steinhauer, and Timothy P. Heaton.

Eric D. Isicoff, Isicoff, Ragatz & Koenigsberg, P.A., of Miami, Florida, argued for defendant-appellee. With him on the brief were Teresa Ragatz and Michael D. Bon. Also on the brief were James V. Costigan, Alan B. Clement, and Katharine G. Loving, Hedman & Costigan, P.C., of New York, New York.

Before MAYER, Chief Judge, NEWMAN and BRYSON, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

Glaxo Wellcome, Inc. appeals the decision of the United States District Court for the Southern District of Florida, holding on summary judgment that United States Patent No. 5,427,798 (the '798 patent) is valid but not infringed by the bupropion products of Andrx Pharmaceuticals, Inc.1 We conclude that the district court erred in its construction of the '798 claims. On the correct claim construction, we vacate...

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