WARNER-LAMBERT CO. v. APOTEX CORP.

No. 02-1073.

316 F.3d 1348 (2003)

WARNER-LAMBERT COMPANY, Plaintiff-Appellant, v. APOTEX CORP., Apotex, Inc., and Torpharm, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 16, 2003.


Attorney(s) appearing for the Case

Hugh C. Barrett, Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for plaintiff-appellant. With him on the brief were Robert L. Baechtold, David F. Ryan, and Leisa M. Smith. Of counsel were Donald J. Curry, Fitzpatrick, Cella, Harper & Scinto; and Constantine L. Trela, Jr., Sidley, Austin, Brown & Wood, of Chicago, IL.

William A. Rakoczy, Lord, Bissell & Brook, of Chicago, IL, argued for defendants-appellees. With him on the brief were Hugh L. Moore and Hugh S. Balsam.

Robert W. Spearman, Parker, Poe, Adams & Bernstein L.L.P., of Raleigh, NC, for amicus curiae Generic Pharmaceutical Association. With him on the brief was Melanie Black Dubis.

Before MICHEL, Circuit Judge, PLAGER, Senior Circuit Judge, and LOURIE, Circuit Judge.


LOURIE, Circuit Judge.

Warner-Lambert Company appeals from the final order of the United States District Court for the Northern District of Illinois, granting summary judgment of noninfringement for Apotex Corp., Apotex Inc., and TorPharm, Inc. (collectively "Apotex"). Warner-Lambert Co. v. Apotex Corp., No. 98 C 4293, 2001 U.S. Dist. LEXIS 14592, 2001 WL 1104618 (N.D.Ill. Sept.14, 2001). Because we hold that Apotex was entitled to judgment as a matter of law...

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