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UPSHER-SMITH LABORATORIES, INC. v. PAMLAB, L.L.C.

No. 04-1405.

412 F.3d 1319 (2005)

UPSHER-SMITH LABORATORIES, INC., Plaintiff-Appellant, v. PAMLAB, L.L.C. (formerly Pan American Laboratories, Inc.) and Pan American Laboratories, L.L.C., Defendants-Appellees, and Metabolite Laboratories, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

June 17, 2005.

Attorney(s) appearing for the Case

Jacob M. Holdreith, Robins, Kaplan, Miller & Ciresi L.L.P., of Minneapolis, Minnesota, argued for plaintiff-appellant. With him on the brief were Ronald J. Schutz, Misti Nelc, Kimberly G. Miller, and Jonathan D. Goins.

Glenn K. Beaton, Gibson, Dunn & Crutcher LLP, of Denver, Colorado, argued for defendants-appellees. With him on the brief were J. Gregory Whitehair and Amanda J. Tessar. Of counsel on the brief was Mark A. Perry, of Washington, DC.

Before MICHEL, Chief Judge, RADER, and SCHALL, Circuit Judges.

RADER, Circuit Judge.

Upsher-Smith Laboratories, Inc. (Upsher-Smith) is the assignee of U.S. Patent Nos. 5,932,624 (issued Aug. 3, 1999) and 6,605,646 (issued Aug. 12, 2003) ('624 and '646 patents, respectively) for vitamin supplement compositions. Upsher-Smith asserted claims 1, 2, 5, and 8-10 of the '624 patent and claims 1-7 of the '646 patent against Pan American Laboratories, L.L.C. and Pamlab, L.L.C. (collectively Pamlab).1 In two...

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