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SHIRE US INC. v. BARR LABORATORIES, INC.

No. 02-3647.

329 F.3d 348 (2003)

SHIRE US INC., Appellant v. BARR LABORATORIES INC.

United States Court of Appeals, Third Circuit.

Filed May 23, 2003.

Attorney(s) appearing for the Case

Donald A. Robinson, Robinson & Livelli, Newark, NJ, Marie V. Driscoll, Barbara A. Solomon (argued), Fross, Zelnick, Lehrman & Zissu, New York, NY, for Appellant.

Kurt L. Shultz (argued), Winston & Strawn, Chicago, IL, Brian J. McCarthy, Virginia R. Richard, Gregory C. Vamos, Winston & Strawn, Newark, NJ, for Appellee.

Before ALITO, FUENTES, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL AND PROCEDURAL HISTORY

A. Factual History

This matter comes on before this court on appeal from an order entered August 27, 2002, denying appellant Shire U.S. Inc.'s ("Shire") application for a preliminary injunction in its case against Barr Laboratories, Inc. ("Barr") charging Barr with trade dress infringement and trade dress dilution under sections 43(a) and (c) of the Lanham...

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