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FOREST LABORATORIES v. IVAX PHARMACEUTICALS, INC.

No. 2007-1059.

501 F.3d 1263 (2007)

FOREST LABORATORIES, INC., Forest Laboratories Holding, Ltd., and H. Lundbeck a/s, Plaintiffs-Appellees, v. IVAX PHARMACEUTICALS, INC. and Cipla, Ltd., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 12, 2007.

Attorney(s) appearing for the Case

John M. Desmarais, Kirkland & Ellis LLP, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Peter J. Armenio, Gerald J. Flattmann, Jr., Ellen A. Scordino, and Anne S. Toker.

Henry C. Dinger, Goodwin Proctor LLP, of Boston, MA, argued for defendants-appellants. With him on the brief was Francis C. Lynch. Of counsel on the brief were Jeffrey S. Ward, and Thomas P. Heneghan, Michael Best & Friedrich LLP, of Madison, WI.

Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Opinion for the court filed by Circuit Judge LOURIE. Opinion concurring as to parts I through IV.A and dissenting as to part IV.B filed by Circuit Judge SCHALL.

LOURIE, Circuit Judge.

Ivax Pharmaceuticals, Inc. ("Ivax") and Cipla, Ltd. ("Cipla") appeal from the order of the United States District Court for the District of Delaware entering judgment upholding the validity of United States Reissue Patent 34,712 ("the '712 patent") in favor of Forest Laboratories...

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