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DAIICHI SANKYO CO., LTD. v. APOTEX, INC.

No. 2006-1564.

501 F.3d 1254 (2007)

DAIICHI SANKYO CO., LTD. (formerly known as Daiichi Pharmaceutical Co., Ltd.) and Daiichi Sankyo, Inc. (formerly known as Daiichi Pharmaceutical Corporation), Plaintiffs-Appellees, v. APOTEX, INC. and Apotex Corp., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Precedential Opinion Issued: September 12, 2007.

Attorney(s) appearing for the Case

Brian P. Murphy, Morgan, Lewis & Bockius LLP, of New York, NY, argued for plaintiffs-appellees. With him on the brief were David Leichtman, Daniel Murphy, and Oren D. Langer. Of counsel on the brief was James P. Flynn, Epstein, Becker & Green, PC, of Newark, NJ.

Robert B. Breisblatt, Welsh & Katz, Ltd., of Chicago, IL, argued for defendants-appellants. With him on the brief were A. Sidney Katz, Julie A. Katz, Philip D. Segrest, Jr., and Michael A. Krol, Of counsel on the brief was Steven Gerber, Adorno & Yoss, LLP, of Wayne, NJ.

Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

ARCHER, Senior Circuit Judge.

Apotex, Inc. and Apotex Corp. (collectively "Apotex") appeal the judgment of the United States District Court for the District of New Jersey that Apotex infringes U.S. Pat. No. 5,401,741 ("the '741 patent") and that the '741 patent is not invalid or unenforceable. Daiichi Pharm. Co. v. Apotex, Inc., 441 F.Supp.2d 672 (D.N.J.2006) ("Validity Determination"). Because the invention...

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