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SMITHKLINE BEECHAM CORP. v. APOTEX CORP.

No. 04-1522.

439 F.3d 1312 (2006)

SMITHKLINE BEECHAM CORPORATION, SmithKline Beecham, P.L.C., Plaintiffs/Counterclaim Defendants-Appellants, and GlaxoSmithKline, P.L.C., Plaintiff/Counterclaim Defendant, and Beecham Group, P.L.C., Plaintiff, v. APOTEX CORPORATION, Apotex Inc., and Torpharm, Inc. Defendants/Counterclaimants-Appellees.

United States Court of Appeals, Federal Circuit.

February 24, 2006.

Attorney(s) appearing for the Case

Ford F. Farabow, Jr., Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiffs/counterclaim defendants-appellants. With him on the brief were Robert D. Bajefsky, Howard W. Levine, Sanya Sukduang, and Jennifer S. Swan.

Hugh L. Moore, Lord, Bissell & Brook LLP, of Chicago, Illinois, argued for defendants/counterclaimants-appellees. With him on the brief were Scott B. Feder, Hugh S. Balsam, and Kevin M. Nelson. Of counsel were Keith D. Parr and Sara A. Lufrano.

Before NEWMAN, SCHALL, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge DYK.

Dissenting opinion filed by Circuit Judge NEWMAN.

DYK, Circuit Judge.

SmithKline Beecham Corporation and SmithKline Beecham, P.L.C. (collectively "SmithKline") brought suit against Apotex Corporation, Apotex Inc., and Torpharm, Inc. (collectively "Apotex") for infringement of SmithKline's patent, U.S. Patent No. 6,113,944 ("'944 patent"). Apotex moved for summary judgment, arguing that the '944 patent...

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