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ORTHO-MCNEIL PHARMACEUTICAL v. CARACO PHARM. LAB.

No. 06-1102.

476 F.3d 1321 (2007)

ORTHO-McNEIL PHARMACEUTICAL, INCORPORATED, Plaintiff-Appellant, v. CARACO PHARMACEUTICAL LABORATORIES, LIMITED, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 19, 2007.

Attorney(s) appearing for the Case

David T. Pritikin, Sidley Austin LLP, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Constantine L. Trela, Jr. and Lisa A. Schneider. Of counsel on the brief were Jeffrey P. Kushan and John L. Newby II, of Washington, DC and Michael D. Hatcher, of Dallas, Texas.

James F. Hurst, Winston & Strawn, LLP, of Chicago, IL, argued for defendant-appellee. With him on the brief were David E. Koropp and James M. Hilmert.

Before SCHALL and GAJARSA, Circuit Judges, and McKINNEY, Chief Judge.

McKINNEY, Chief Judge.

Plaintiff, Ortho-McNeil Pharmaceutical, Inc. ("Ortho"), appeals the district court's grant of defendant, Caraco Pharmaceutical Laboratories, Ltd's. ("Caraco's"), motion for summary judgment of non-infringement of claim 6 of U.S. Patent No. 5,336,691 ("the '691 patent"). See Ortho-McNeil Pharm. Inc. v. Caraco Pharm. Labs., Ltd., No. 04-CV-73698, 2005 WL 2679788 (E.D.Mich. Oct.19, 2005) ("District Court Opinion"). For the reasons...

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