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IMPAX LABORATORIES v. AVENTIS PHARMACEUTICALS

No. 05-1313.

468 F.3d 1366 (2006)

IMPAX LABORATORIES, INC., Plaintiff-Appellant, v. AVENTIS PHARMACEUTICALS INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 20, 2006.

Attorney(s) appearing for the Case

C. Kyle Musgrove, Kenyon & Kenyon, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Philip J. McCabe, of San Jose, CA; Michael M. Shen, of Washington, DC; and Steven J. Lee, of New York, NY.

Paul H. Berghoff, McDonnell, Boehnen, Hulbert, & Berghoff LLP, of Chicago, Illinois, argued for defendant-appellee. With him on the brief were Curt J. Whitenack, James C. Gumina, Jeremy E. Noe, and Paul S. Tully. Of counsel on the brief was Joseph Kirk, Jr., Aventis Pharmaceuticals Inc., of Bridgewater, NJ.

Before RADER, SCHALL, and PROST, Circuit Judges.

Concurring-in-part opinion filed by Circuit Judge RADER.

SCHALL, Circuit Judge.

Impax Laboratories, Inc. ("Impax") sued Aventis Pharmaceuticals Inc. ("Aventis") in the United States District Court for the District of Delaware for a declaratory judgment that Impax did not infringe, induce infringement of, or contribute to the infringement of, U.S. Patent No. 5,527,814 ("the '814 patent") under 35 U.S.C. § 271(e)(2) by filing an Abbreviated New Drug Application...

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