HOUSEY PHARMACEUTICALS, INC., Plaintiff-Appellant,
v.
ASTRAZENECA UK LTD., Astrazeneca LP, Astrazeneca Pharmaceuticals LP, and Aventis Pharmaceuticals, Inc., Defendants-Cross Appellants, and
Bristol-Myers Squibb Company, Defendant-Cross Appellant, and
Merck & Co., Inc., Defendant-Cross Appellant, and
Roche Holdings, Inc., Hoffmann-La Roche Inc., Roche Laboratories, Inc., and Syntex (U.S.A.) Inc., Defendants, and
Wyeth and Wyeth Pharmaceuticals, Inc., Defendants-Cross Appellants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
DECIDED: May 7, 2004.
DECIDED: May 7, 2004.
Attorney(s) appearing for the Case
R. Terrance Rader, Rader Fishman & Grauer PLLC, of Bloomfield, Michigan, argued for plaintiff-appellant Housey Pharmaceuticals, Inc.
Herbert F. Schwartz, Fish & Neave, of New York, New York, for defendants-cross appellants AstraZeneca UK Ltd., et al. With him on the brief were Denise L. Loring, and Frances M. Lynch.
Also on the brief were John F. Lynch, Attorney of Record, Howrey Simon Arnold & White, LLP, of Houston, Texas, for defendant-cross appellant Merck & Co., Inc. With him on the brief were Richard L. Stanley, Nicholas G. Barzoukas, and James C. Pistorino. Of counsel were Paul D. Matukaitis and Edward W. Murray, Merck & Co., Inc. of Rahway, New Jersey.
Also on the brief was William F. Lee, Attorney of Record, Hale and Dorr LLP, of Boston, Massachusetts, who argued for defendants-appellants Wyeth and Wyeth Pharmaceuticals, Inc. With him on the brief was Lisa J. Pirozzolo.
Also on the brief was Robert L. Baechtold, Attorney of Record for defendant-cross appellant Bristol-Myers Squibb Company, Fitzpatrick, Cella, Harper & Scinto, of New York, New York. With him on the brief were Scott K. Reed and Steven C. Kline. Of counsel were Jack B. Blumenfeld, Karen Jacobs Louden, and Mary B. Graham, Morris, Nichols, Arsht & Tunnell, of Wilmington, Delaware.
Before MAYER, Chief Judge, NEWMAN and CLEVENGER, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Opinion for the court filed by Circuit Judge CLEVENGER. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.
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