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ALLERGAN, INC. v. ALCON LABORATORIES, INC.

No. 02-1449.

324 F.3d 1322 (2003)

ALLERGAN, INC. and Allergan Sales, Inc., Plaintiffs-Appellants, v. ALCON LABORATORIES, INC., Alcon Research, Ltd., and Alcon Universal, Ltd., Defendants-Appellees, and Bausch & Lomb, Incorporated, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied: May 22, 2003.

Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner L.L.P., of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Jonathan Singer, Fish & Richardson, P.C., of Minneapolis, Minnesota, and Dina Grinshpun, of San Diego, California. Of counsel on the brief was Paul W. Browning, Finnegan, Henderson, Farabow, Garrett & Dunner L.L.P., of Washington, DC.

Daniel J. Thomasch, Orrick, Herrington & Sutcliffe, LLP, of New York, New York, argued for defendants-appellees Alcon Laboratories, Inc., et al. With him on the brief was M. Veronica Mullally.

Edward W. Remus, McAndrews, Held & Malloy, Ltd., of Chicago, Illinois, argued for defendant-appellee Bausch & Lomb Incorporated. With him on the brief was Jonathan R. Sick.

Richard A. Samp, Washington Legal Foundation, of Washington, DC, for amicus curiae Washington Legal Foundation. With him on the brief was Daniel J. Popeo.

Before CLEVENGER, SCHALL, and LINN, Circuit Judges.

Rehearing En Banc Denied: May 22, 2003.

Opinion concurring in the judgment filed by Circuit Judge SCHALL, in which Circuit Judge CLEVENGER joins.

Opinion concurring in the judgment filed by Circuit Judge LINN.

PER CURIAM.

This appeal presents the question of whether the Drug Price Competition and Patent Term Restoration Act of 1984, Pub.L. No. 98-417, 98 Stat. 1585 (1984) (codified at 21 U.S.C. §§ 355 and 360cc and 35 U.S.C. §...

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