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ALZA CORP. v. MYLAN LABORATORIES, INC.

No. 04-1344.

391 F.3d 1365 (2004)

ALZA CORPORATION and JANSSEN PHARMACEUTICA, INC., Plaintiffs-Appellees, v. MYLAN LABORATORIES INC., Mylan Technologies Inc., and Mylan Pharmaceuticals Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

DECIDED: December 10, 2004.

Attorney(s) appearing for the Case

Gregory L. Diskant, Patterson, Belknap, Webb & Tyler LLP, of New York, New York, argued for plaintiffs-appellees. With him on the brief was Jeffrey I.D. Lewis.

E. Anthony Figg, Rothwell, Figg, Ernst & Manbeck, of Washington, DC, argued for defendants-appellants. With him on the brief were Joseph A. Hynds and Sharon L. Davis.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Opinion for the court filed by Senior Circuit Judge ARCHER. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge DYK.

ARCHER, Senior Circuit Judge.

Mylan Laboratories Inc., Mylan Technologies Inc. and Mylan Pharmaceuticals Inc. (collectively "Mylan") appeal the judgment of the United States District Court for the District of Vermont holding that U.S. Patent No. 4,588,580 ("the '580 patent") is not anticipated or obvious in view of U.S....

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