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FOREST LABORATORIES, INC. v. ABBOTT LABORATORIES

No. 03-1067.

339 F.3d 1324 (2003)

FOREST LABORATORIES, INC. and ONY, Inc., Plaintiffs-Appellees, v. ABBOTT LABORATORIES, Defendant-Appellant, and Tokyo Tanabe Company, Ltd., Defendant.

United States Court of Appeals, Federal Circuit.

DECIDED: August 7, 2003.

Attorney(s) appearing for the Case

Kenneth B. Herman, Fish & Neave, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Herbert F. Schwartz, Richard M. Barnes, Christopher J. Harnett, A. Joy Arnold, and Robert B. Wilson.

Thomas M. Durkin, Mayer, Brown, Roe & Maw, of Chicago, IL, argued for defendant-appellant. With him on the brief was Maggie J. Schneider. Of counsel was Linda T. Coberly.

Before LOURIE, RADER, and DYK, Circuit Judges.

LOURIE, Circuit Judge.

Abbott Laboratories appeals from the decision of the United States District Court for the Western District of New York awarding attorney fees and expenses to ONY, Inc. and Forest Laboratories, Inc. based on Abbott's conduct that led to a holding of equitable estoppel. Forest Labs., Inc. v. Abbott Labs., No. 96-CV-159A (W.D.N.Y. Sept. 4, 2001) ("Forest IV"). Because we conclude that the court erred in finding this case to be "exceptional...

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