MERCK & CO., INC. v. TEVA PHARMACEUTICALS USA

No. 03-1168.

347 F.3d 1367 (2003)

MERCK & CO., INC., Plaintiff-Appellee, v. TEVA PHARMACEUTICALS USA, INC., Defendant-Appellant, and Zenith Goldline Pharmaceuticals, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied December 29, 2003.


Attorney(s) appearing for the Case

John F. Lynch, Howrey Simon Arnold & White, LLP, of Houston, Texas, argued for plaintiff-appellee. With him on the brief were Nicolas G. Barzoukas, Richard L. Stanley, and Scott J. Garber. Of counsel on the brief were Paul D. Matukaitis, Edward W. Murray, and Gerard M. Devlin, Merck & Co., Inc., of Rahway, New Jersey.

James Galbraith, Kenyon & Kenyon, of New York, New York, argued for defendant-appellant Teva Pharmaceuticals USA, Inc. With him on the brief were Maria Luisa Palmese and William G. James, II. William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, New Jersey, argued for defendant-appellant Zenith Goldline Pharmaceuticals, Inc. With him on the brief was Stephen F. Roth.

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


Rehearing and Rehearing En Banc Denied December 29, 2003*.

Opinion of the Court filed by Circuit Judge PAULINE NEWMAN. Dissent by opinion filed by Chief Judge MAYER.

PAULINE NEWMAN, Circuit Judge.

Teva Pharmaceuticals USA, Inc., and Zenith Goldline Pharmaceuticals, Inc., (collectively "Teva") appeal the judgment of the United States District Court for the District of Delaware, ruling that Teva infringes United States Patent...

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