IN RE OMEPRAZOLE PATENT LITIGATION

Nos. 04-1562, 04-1563, 04-1589.

483 F.3d 1364 (2007)

In re OMEPRAZOLE PATENT LITIGATION. Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterprises Inc., Astra Merck Inc., KBI-E, Inc., KBI, Inc., and Astrazeneca LP, Plaintiffs-Cross Appellants, v. Andrx Pharmaceuticals, Inc., Defendant-Appellant, and Genpharm, Inc., Kremers Urban Development Co., and Schwarz Pharma, Inc., Defendants.

United States Court of Appeals, Federal Circuit.

April 23, 2007.


Attorney(s) appearing for the Case

Errol B. Taylor, Milbank, Tweed, Hadley & McCloy LLP, of New York, NY, argued for plaintiffs-cross appellants. With him on the brief were Fredrick M. Zullow and Lawrence T. Kass; and Jay I. Alexander, of Washington, DC. Of counsel were John M. Griem, Jr. and Claire A. Gilmartin.

Margaret A. Dale, Proskauer Rose LLP, of New York, NY, argued for defendant-appellant. With her on the brief were Louis M. Solomon and Jeremy R. Kasha. Of counsel on the brief were James V. Costigan and Martin P. Endres, Hedman & Costigan, of New York, NY.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.


Opinion for the court filed by Circuit Judge RADER. Opinion concurring in part and dissenting in part filed by Circuit Judge, NEWMAN.

RADER, Circuit Judge.

Astra Aktiebolag, Aktiebolaget Hässle, Astra Merck Enterprises Inc., Astra Merck Inc., KBI-E Inc., KBI Inc., Astra Pharmaceuticals L.P., and AstraZeneca L.P. (collectively Astra) filed patent infringement suits against several pharmaceutical companies that were seeking permission from the Food and...

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