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IN RE GABAPENTIN PATENT LITIGATION

No. 2006-1572.

503 F.3d 1254 (2007)

In re GABAPENTIN PATENT LITIGATION. Warner-Lambert Co., Pfizer, Inc., and Godecke Aktiengesellschaft, Plaintiffs-Appellants, v. Purepac Pharmaceutical Co. and Faulding, Inc., Defendants-Appellees, and Watson Laboratories, Inc., Watson Pharmaceuticals, Inc., Watson Pharma, Inc., and Danbury Pharmacal, Inc., Defendants, and Teva Pharmaceutical Industries, Ltd. and Teva Pharmaceuticals USA, Inc., Zenith Laboratories, Inc. (Now Known as Ivax Pharmaceuticals NV, Inc.), Zenith Goldline Pharmaceuticals, Inc. (Now Known as Ivax Pharmaceuticals, Inc.) and Ivax Corp., Defendants-Appellees, and Apotex Corp., Apotex, Inc., and Torpharm, Inc., Defendants-Appellees, and Eon Labs Manufacturing, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 21, 2007.

Attorney(s) appearing for the Case

Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, of Wilmington, DE, argued for plaintiffs-appellants. With him on the brief were Karen Jacobs Louden, Benjamin Schladweiler, and Richard J. Bauer.

Edgar H. Haug, Frommer Lawrence & Haug LLP, of New York, NY, argued for defendants-appellees, Purepac Pharmaceutical Co. and Faulding, Inc. With him on the brief were Steven M. Amundson and Andrew S. Chalson.

Steven J. Lee, Kenyon & Kenyon LLP, of New York, NY, argued for defendants-appellees, Teva Pharmaceutical Industries, Ltd., et al. With him on the brief was Elizabeth Holland. Of counsel were William G. James, II and Patrice P. Jean of Washington, DC.

Richard J. Basile, St. Onge Steward Johnston & Reens LLC, of Stamford, CT, for defendant-appellee, Eon Labs Manufacturing, Inc. With him on the brief were Stephen P. McMamara and Stanley H. Lieberstein. Of counsel were James P. Jeffry and Benjamin J. Lehberger.

Before LOURIE, LINN, and MOORE, Circuit Judges.

LOURIE, Circuit Judge.

Warner Lambert Co., Pfizer Inc., and Gödecke Aktiengesellschaft (collectively "Warner Lambert") appeal from the judgment of the United States District Court for the District of New Jersey granting summary judgment of noninfringement of claims 7-11 of U.S. Patent 6,054,482 ("the '482 patent") in favor of appellees Purepac Pharmaceutical Co., Faulding Inc., Teva Pharmaceutical Industries, Inc., Teva Pharmaceuticals USA, Inc. (collectively...

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