No. 04-1252.

407 F.3d 1371 (2005)

SYNTEX (U.S.A.) LLC and ALLERGAN, INC., Plaintiffs-Appellees, v. APOTEX, INC., Apotex Corp., and Novex Pharma, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 13, 2005.

Attorney(s) appearing for the Case

David J. Harth, Heller Ehrman White & McAuliffe LLP, of Madison, Wisconsin, argued for plaintiffs-appellees. With him on the brief were Alexander L. Brainerd, Keith R. Weed, and Olga Rodstein, of Menlo Park, California, and Christine Saunders Haskett, of San Francisco, California.

Manny D. Pokotilow, Caesar, Rivise, Bernstein, Cohen & Pokotilow, LTD., of Philadelphia, Pennsylvania, argued for defendants-appellants. With him on the brief were Robert S. Silver, Alan H. Bernstein, Mona Gupta and William J. Castillo. Of counsel on the brief was Ronald S. Lemieux, Squire, Sanders & Dempsey L.L.P., of Palo Alto, California.

Before CLEVENGER, GAJARSA, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge GAJARSA.

Concurring opinion filed by Circuit Judge PROST.

GAJARSA, Circuit Judge.

Apotex, Inc., Apotex Corp. and Novex Pharma (collectively "Apotex") appeal from the final judgment of the United States District Court for the Northern District of California, which, after a bench trial, held U.S. Patent No. 5,110,493 (the "'493 patent") owned by Syntex (U.S.A.) LLC not invalid, enforceable, and infringed by...

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