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ABBOTT LABORATORIES v. NOVOPHARM LTD.

No. 02-1387.

323 F.3d 1324 (2003)

ABBOTT LABORATORIES, Plaintiff-Appellant, and Fournier Industrie Et Santé and Laboratoires Fournier S.A., Plaintiffs-Appellants, v. NOVOPHARM LIMITED, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied: April 30, 2003.

Attorney(s) appearing for the Case

James A. White, Jones, Day, Reavis & Pogue, of Chicago IL, argued for plaintiff-appellant, Abbott Laboratories. With him on the brief were Daniel E. Reidy, John A. Marlott, and Timothy J. Heverin. Charles D. Ossola, Arnold & Porter, of Washington, DC, argued for plaintiffs-appellants Fournier Industrie Sante' and Laboratoires Fournier S.A. With him on the brief were Timothy C. Bickham and Scott A.M. Chambers. Of counsel on the brief was Mark Shanks, Shanks & Herbert, of Alexandria, VA.

Bruce M. Gagala, Leydig, Voit & Mayer, Ltd., of Chicago, IL, argued for defendant-appellee. With him on the brief was M. Daniel Hefner.

Charles R. Wolfe, Jr., Blank Rome Comisky & McCauley LLP, of Washington, DC, for amicus curiae Impax Laboratories, Inc. With him on the brief were D. Christopher Ohly, and Neil R. White.

Before MICHEL, LOURIE, and BRYSON, Circuit Judges.

LOURIE, Circuit Judge.

Fournier Industrie et Santé and Laboratoires Fournier S.A. (collectively, "Fournier"), along with Abbott Laboratories ("Abbott"), appeal from the decision of the United States District Court for the Northern District of Illinois granting Novopharm Limited ("Novopharm") summary judgment of noninfringement of U.S. Patent 4,895,726 ("the '726 patent"). Abbott Labs. v. Novopharm Ltd., Nos. 00 C 2141, 00 C 5094, and 01 C 1914, 2002 WL...

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