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ABBOTT LABORATORIES v. ANDRX PHARMACEUTICALS, INC.

No. 05-1433.

452 F.3d 1331 (2006)

ABBOTT LABORATORIES, Plaintiff-Appellee, v. ANDRX PHARMACEUTICALS, INC., and ROXANE LABORATORIES, INC., Defendants, and Teva Pharmaceuticals USA, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 22, 2006.

Attorney(s) appearing for the Case

Jeffrey I. Weinberger, Munger, Tolles & Olson LLP, of Los Angeles, California, argued for plaintiff-appellee. With him on the brief were Ted G. Dane and Andrea Weiss Jeffries. Of counsel on the brief were Jennifer L. Polse and Jason Rantanen, of San Francisco, California. Of counsel were Todd J. Ehlman and R. Mark McCareins, Winston & Strawn LLP, of Chicago, Illinois.

James Galbraith, Kenyon & Kenyon, of New York, New York, argued for defendant-appellant. With him on the brief were Maria Luisa Palmese and Robert V. Cerwinski.

Before NEWMAN, GAJARSA, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge PROST.

Dissenting opinion filed by Circuit Judge NEWMAN.

PROST, Circuit Judge.

Abbott Laboratories ("Abbott") brought suit against Teva Pharmaceuticals USA, Inc. ("Teva") alleging infringement of its patents relating to extended release formulations of clarithromycin. Abbott moved for a preliminary injunction against Teva on the grounds that Teva was infringing claims 2, 4, and 6 of U.S. Patent No. 6,010...

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