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ELAN CORP., PLC v. ANDRX PHARMACEUTICALS, INC.

Nos. 03-1354, 03-1387, 03-1355, 03-1386.

366 F.3d 1336 (2004)

ELAN CORPORATION, PLC, Plaintiff-Appellant, v. ANDRX PHARMACEUTICALS, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

May 5, 2004.

Attorney(s) appearing for the Case

James B. Monroe, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief were Michael J. Flibbert and Paul W. Browning. Of counsel was James R. Barney.

Martin P. Endres, Hedman & Costigan, P.C., of New York, NY, argued for defendant-cross appellant. With him on the brief were James V. Costigan and Kathleen A. Costigan. Of counsel on the brief was Gerald J. Houlihan, Houlihan & Partners, P.A., of Miami, FL.

Before MICHEL, LOURIE, and DYK, Circuit Judges.

LOURIE, Circuit Judge.

Elan Corporation, PLC ("Elan") appeals from the decision of the United States District Court for the Southern District of Florida declaring U.S. Patent 5,637,320 invalid under the on-sale bar of 35 U.S.C. § 102(b). Elan Corp. v. Andrx Pharms., Inc., 272 F.Supp.2d 1325, 1326 (S.D.Fla. 2002) ("Final Judgment"). Because the district court erred in concluding that Elan had offered to sell...

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