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TAKEDA CHEMICAL INDUSTRIES v. ALPHAPHARM PTY.

No. 06-1329.

492 F.3d 1350 (2007)

TAKEDA CHEMICAL INDUSTRIES, LTD. and Takeda Pharmaceuticals North America, INC., Plaintiffs-Appellees, v. ALPHAPHARM PTY., LTD. and Genpharm, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

June 28, 2007.

Attorney(s) appearing for the Case

David G. Conlin, Edwards Angell Palmer & Dodge LLP, of Boston, MA, argued for plaintiffs-appellees. With him on the brief were Barbara L. Moore, Kathleen B. Carr, and Adam P. Samansky; and Anthony J. Viola and Andre K. Cizmarik, of New York, NY. Of counsel on the brief was Mark Chao, Takeda Pharmaceuticals North America, Inc., of Lincolnshire, IL.

Kevin F. Murphy, Frommer Lawrence & Haug LLP, of New York, NY, argued for defendants-appellants. With him on the brief were Edgar H. Haug and Jeffrey A. Hovden.

Before LOURIE, BRYSON, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge LOURIE. Concurring opinion filed by Circuit Judge DYK.

LOURIE, Circuit Judge.

Alphapharm Pty., Ltd. and Genpharm, Inc. (collectively "Alphapharm") appeal from the decision of the United States District Court for the Southern District of New York, following a bench trial, that U.S. Patent 4,687,777 was not shown to be invalid under 35 U.S.C. § 103. Takeda Chem. Indus., Ltd. v. Mylan Labs.,

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