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GLAXO WELLCOME, INC. v. IMPAX LABORATORIES, INC.

No. 03-1013.

356 F.3d 1348 (2004)

GLAXO WELLCOME, INC., Plaintiff-Appellant, v. IMPAX LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied March 22, 2004.

Attorney(s) appearing for the Case

Stephen B. Judlowe, Morgan Lewis & Bockius LLP, of New York, NY, argued for plaintiff-appellant. With him on the brief were Dennis J. Mondolino, Jason A. Lief, and Timothy P. Heaton.

Steven J. Lee, Kenyon & Kenyon, of New York, NY, argued for defendant-appellee.

Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Rehearing and Rehearing En Banc Denied March 22, 2004.*

RADER, Circuit Judge.

Glaxo Wellcome, Inc. (Glaxo) appeals the summary judgment finding of non infringement of its patent claims relating to a controlled sustained release formulation of bupropion hydrochloride. Glaxo Wellcome, Inc. v. Impax Labs., Inc., 220 F.Supp.2d 1089 (N.D.Cal.2002). Because Glaxo cannot prove infringement...

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