PURDUE PHARMA L.P., The Purdue Frederick Company, The P.F. Laboratories, Inc., and the Purdue Pharma Company, Plaintiffs/Counterclaim Defendants-Appellants, and
Euroceltique S.A., Counterclaim Defendant,
v.
ENDO PHARMACEUTICALS INC., Defendant/Counterclaimant-Cross Appellant, and
Endo Pharmaceuticals Holdings Inc., Defendant-Cross Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
June 7, 2005.
June 7, 2005.
Attorney(s) appearing for the Case
Herbert F. Schwartz, Fish & Neave LLP [now known as Fish & Neave IP group of Ropes & Gray LLP], of New York, New York, argued for plaintiffs/counterclaim defendants-appellants. Of counsel were Edward C. DuMont, Jonathan G. Cedarbaum, and Seth P. Waxman, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC; Pablo D. Hendler, Duane-David Hough, Gerald J. Flattmann, Jr., Richard A. Inz, and Denise L. Loring, Ropes & Gray LLP, of New York, New York. Of counsel was Robert J. Goldman, of Palo Alto, California.
Edward V. Filardi, Skadden, Arps, Slate, Meagher & Flom LLP, of New York, New York, argued for defendant-cross appellant defendant/counterclaimant-cross appellant and defendant-cross appellant. With him on the brief were Constance S. Huttner, Douglas R. Nemec, David L. Cohen, and Mark D. Baker. Of counsel on the brief were Nicholas L. Coch and Donald L. Rhoads, Kramer Levin Naftalis & Frankel LLP, of New York, New York.
Nancy J. Linck, Senior Vice President, Chief Legal & Compliance Officer, and Hansjorg Sauer, Patent Counsel, for amicus curiae Guilford Pharmaceuticals Inc., of Baltimore, Maryland. Of counsel on the brief was Scott A.M. Chambers, Patton Boggs LLP, of McLean, Virginia.
Before GAJARSA, Circuit Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.
United States Court of Appeals, Federal Circuit.
PLAGER, Senior Circuit Judge.
This is a patent infringement case in which the patents were held unenforceable by the trial judge due to inequitable conduct during prosecution before the United States Patent and Trademark Office ("PTO"). Purdue Pharma L.P., The Purdue Frederick Company, The P.F. Laboratories, Inc., and The Purdue Pharma Company (collectively, "Purdue") filed an infringement suit against Endo Pharmaceuticals Inc. and Endo Pharmaceuticals Holdings Inc...
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