IN RE METOPROLOL SUCCINATE PATENT LITIGATION

No. 2006-1254.

494 F.3d 1011 (2007)

In re METOPROLOL SUCCINATE PATENT LITIGATION. AstraZeneca AB, Aktiebolaget Hassle, and AstraZeneca LP, Plaintiffs/Counterclaim Defendants-Appellants, v. KV Pharmaceutical Company, Defendant/Counterclaimant-Appellee, and Andrx Pharmaceuticals, LLC and Andrx Corporation, Defendants/Counterclaimants-Appellees, and Eon Labs, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 23, 2007.


Attorney(s) appearing for the Case

Robert L. Baechtold, Fitzpatrick, Cella Harper & Scinto, of New York, NY, argued for plaintiffs/counterclaim defendants-appellants. With him on the brief were Henry J. Renk and Lisa B. Pensabene. Of counsel was Tara A. Byrne.

Charles A. Weiss, Kenyon & Kenyon LLP, of New York, NY, argued for defendant/counterclaimant-appellee, KV Pharmaceutical Company. With him on the brief were Richard L. DeLucia and Anita Pamintuan Fusco.

Steven A. Maddox, Foley & Lardner LLP, of Washington, DC, argued for defendants/counterclaimants-appellees, Andrx Pharmaceuticals, LLC and Andrx Corporation. With him on the brief were George E. Quillin and Douglas H. Carsten. Also on the brief was Alan R. Clement, Hedman & Costigan, P.C., of New York, NY.

William A. Alper, Cohen, Pontani, Lieberman & Pavane, of New York, NY, argued for defendant-appellee, Eon Labs, Inc. With him on the brief was Richard Margiano.

Before MAYER, SCHALL, and GAJARSA, Circuit Judges.


Opinion for the court filed by Circuit Judge GAJARSA. Circuit Judge SCHALL dissents in part.

GAJARSA, Circuit Judge.

This is a consolidated multidistrict patent infringement litigation. Plaintiffs AstraZeneca AB, Aktiebolaget Hässle, and AstraZeneca LP (collectively "Astra") filed multiple suits in various district courts asserting that the Abbreviated New Drug Applications ("ANDA") filed respectively by Defendants...

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