RADER, Circuit Judge.
On summary judgment, the United States District Court for the Eastern District of Virginia determined that Excel Pharmaceuticals, Inc. and ABC Co. (collectively Excel) did not infringe Smithkline Beecham Corporation's (Glaxo's) patent on a controlled sustained release formulation of bupropion hydrochloride. SmithKline Beecham Corp. v. Excel Pharm., Inc.,
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