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SANOFI-SYNTHELABO v. APOTEX, INC.

No. 06-1613.

470 F.3d 1368 (2006)

SANOFI-SYNTHELABO, Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership, Plaintiffs-Appellees, v. APOTEX, INC. and Apotex Corp., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

December 8, 2006.

Attorney(s) appearing for the Case

Evan R. Chesler, Cravath, Swaine & Moore, LLP, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Richard J. Stark and David Greenwald. Of counsel on the brief were Robert L. Baechtold, John D. Murnane, and William E. Solander, Fitzpatrick, Cella, Harper & Scinto, of New York, NY.

Bruce J. Chasan, Caesar, Rivise, Bernstein, Cohen & Pokotilow, Ltd., of Philadelphia, PA, argued for defendants-appellants. With him on the brief were Robert S. Silver, Manny D. Pokotilow, Mona Gupta, and Lynn M. Terrebonne.

Anthony F. Lo Cicero, Amster, Rothstein & Ebenstein LLP, of New York, NY, for amicus curiae, Generic Pharmaceutical Association. With him on the brief was Richard S. Mandaro.

David H. Weinstein, Weinstein Kitchenoff & Asher LLC, of Philadelphia, PA, for amicus curiae, Medco Health Solutions, Inc.

Jeffrey Light, Patients Not Patents, Inc., of Washington, DC, for amicus curiae, Patients Not Patents, Inc.

Before LOURIE and BRYSON, Circuit Judges, CLEVENGER, Senior Circuit Judge.

LOURIE, Circuit Judge.

Apotex, Inc. and Apotex Corp. (collectively referred to as "Apotex") appeal from the decision of the United States District Court for the Southern District of New York granting a preliminary injunction in favor of Sanofi-Synthelabo, Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb ("BMS") Sanofi Pharmaceuticals Holding Partnership (collectively referred to as "Sanofi"). Because we conclude that the district court did not abuse its discretion...

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