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ABRAXIS BIOSCIENCE, INC. v. MAYNE PHARMA (USA)

No. 06-1118.

467 F.3d 1370 (2006)

ABRAXIS BIOSCIENCE, INC. (formerly known as AstraZeneca Pharmaceuticals LP and AstraZeneca UK Ltd.), Plaintiffs-Appellees, v. MAYNE PHARMA (USA) INC. (formerly known as Faulding Pharmaceutical Company), Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

November 15, 2006.

Attorney(s) appearing for the Case

Denise L. Loring, Ropes & Gray LLP, of New York, NY, argued for plantiffs-appellees. With her on the brief were Sona De and Herbert F. Schwartz; and Robert J. Goldman, of Palo Alto, CA.

Charles A. Weiss, Kenyon & Kenyon LLP, of New York, NY, argued for defendant-appellant. With him on the brief were Thomas J. Meloro and Richard L. DeLucia. Of counsel on the brief was Jules E. Goldberg, Reed Smith, LLP, of New York, NY.

Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and RADER, Circuit Judge.

LOURIE, Circuit Judge.

Mayne Pharma (USA), Inc. ("Mayne") appeals from the decision of the United States District Court for the Southern District of New York granting judgment of infringement of U.S. Patents 5,714,520 ("the '520 patent"), 5,731,355 ("the '355 patent"), and 5,731,356 ("the '356 patent"), both literally and under the doctrine of equivalents, in favor of AstraZeneca Pharmaceuticals LP and AstraZeneca UK Ltd. (collectively "AstraZeneca"). AstraZeneca...

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