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PFIZER, INC. v. APOTEX, INC.

No. 2006-1261.

480 F.3d 1348 (2007)

PFIZER, INC., Plaintiff-Appellee, v. APOTEX, INC. (formerly known as TorPharm, Inc.), Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 22, 2007.

Attorney(s) appearing for the Case

Richard G. Greco, Kay Scholer LLP, of New York, NY, argued for plaintiff-appellee. With him on the brief were Milton Sherman, Betty A. Ryberg, and Regina O. Kent.

Robert B. Breisblatt, Welsh & Katz, Ltd., of Chicago, IL, argued for defendant-appellant. With him on the brief were A. Sidney Katz, Steven E. Feldman, and Philip D. Segrest, Jr.

Before MICHEL, Chief Judge, MAYER, and LINN, Circuit Judges.

MICHEL, Chief Judge.

Pfizer Inc. filed suit against Apotex, Inc. (formerly known as TorPharm, Inc.) in the United States District Court for the Northern District of Illinois on July 30, 2003, alleging that, pursuant to 21 U.S.C. § 355(j)(5)(B)(iii), Apotex's filing with the United States Food and Drug Administration ("FDA") of its Abbreviated New Drug Application ("ANDA") No. 76-719 seeking approval to commercially sell amlodipine besylate tablets (2.5 mg, 5...

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