SMITHKLINE BEECHAM CORP. v. APOTEX CORP.

Nos. 03-2185, 03-1313.

403 F.3d 1328 (2005)

SMITHKLINE BEECHAM CORPORATION and Beecham Group, P.L.C., Plaintiffs-Appellants, v. APOTEX CORP., Apotex, Inc., and Torpharm, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

April 8, 2005.


Attorney(s) appearing for the Case

Ford F. Farabow, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, filed a petition for rehearing en banc for plaintiffs-appellants. With him on the petition were Robert D. Bajefsky, Howard W. Levine, Scott J. Popma and Jennifer S. Swan.

Hugh L. Moore, Lord, Bissell & Brook, LLP, of Chicago, Illinois, filed a petition for rehearing en banc for defendants-cross-appellants. With him on the petition were Keith D. Parr, Hugh S. Balsam, Scott B. Feder and Kevin M. Nelson.

Paul H. Berghoff, McDonnell Boehnen Hulbert & Berghoff LLP, of Chicago, Illinois, filed an amicus curiae brief for the Intellectual Property Owners Association. With him on the brief was Joshua R. Rich. Of counsel on the brief was J. Jeffrey Hawley, President, Intellectual Property Owners Association, of Washington, DC.

Rudolf E. Hutz, Connolly Bove Lodge & Hutz LLP, of Wilmington, Delaware, filed an amicus curiae brief for Pfizer Inc.

Frederick H. Rein, Goodwin Procter LLP, of New York, New York, filed an amicus curiae brief for Teva Pharmaceuticals USA, Inc.

Christine J. Siwik, Rakoczy Molino Mazzochi LLP, of Chicago, Illinois, filed an amicus curiae brief for the Generic Pharmaceutical Association. With her on the brief was Lara E. Monroe-Sampson.

Christopher N. Sipes, Covington & Burling, of Washington, DC, filed an amicus curiae brief for the Pharmaceutical Research and Manufacturers of America.

Richard A. Samp, Washington Legal Foundation, of Washington, DC, filed an amicus curiae brief for the Washington Legal Foundation. With him on the brief was Daniel J. Popeo.

Before MICHEL, Chief Judge, NEWMAN, MAYER, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges. NEWMAN, Circuit Judge, dissents in a separate order.


ON PETITION FOR REHEARING EN BANC.

ORDER

Petitions for rehearing en banc having been filed by both the Appellants-Cross-Appellees and Appellees-Cross-Appellants, responses thereto having been invited by the court and filed by both the Appellants-Cross-Appellees and Appellees-Cross-Appellants, and briefs of amicus curiae having been filed by Teva Pharmaceuticals USA, Inc. and Generic Pharmaceutical Association, the petitions for rehearing...

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