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NOVARTIS PHARMACEUTICALS CORP. v. EON LABS MFG.

Nos. 03-1211, 03-1260.

363 F.3d 1306 (2004)

NOVARTIS PHARMACEUTICALS CORPORATION, Novartis AG, Novartis Pharma AG, and Novartis International Pharmaceutical Ltd., Plaintiffs-Appellants, v. EON LABS MANUFACTURING, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 2, 2004.

Attorney(s) appearing for the Case

Robert L. Baechtold, Fitzpatrick Cella Harper & Scinto, of New York, NY, argued for plaintiffs-appellants. With him on the brief were Nicholas N. Kallas, Brian V. Slater, and Stevan J. Bosses.

Martin B. Pavane, Cohen, Pontani, Lieberman & Pavane, of New York, NY, argued for defendant-appellee. With him on the brief were William A. Alper and Mindy H. Chettih.

Before CLEVENGER, DYK and PROST, Circuit Judges.

DYK, Circuit Judge.

Appellants Novartis Pharmaceuticals Corporation, Novartis AG, Novartis Pharma AG, and Novartis International Pharmaceutical Ltd. (collectively "Novartis") appeal the final judgment of the United States District Court for the District of Delaware granting Eon Labs Manufacturing, Inc. ("Eon") summary judgment of non-infringement of U.S. Patent No. 5,389,382 ("the '382 patent"). Novartis Pharm. Corp....

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