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APOTEX CORP. v. MERCK & CO., INC.

No. 2006-1405.

507 F.3d 1357 (2007)

APOTEX CORP., Plaintiff-Appellant, v. MERCK & CO., INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 16, 2007.

Attorney(s) appearing for the Case

Robert B. Breisblatt, Welsh & Katz, Ltd., of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Laurie A. Haynie, and Joseph E. Cwik.

Nicolas G. Barzoukas, Weil, Gotshal & Manges, LLP, of Houston, TX, argued for defendant-appellee. With him on the brief were Suzy S. Harbison, Jason C. Abair, and John F. Lynch, Howrey, LLP, of Houston Texas.

Before NEWMAN, RADER, and PROST, Circuit Judges.

NEWMAN, Circuit Judge.

Apotex Corp. appeals the decision of the United States District Court for the Northern District of Illinois1 granting summary judgment in favor of Merck & Co. in an action by Apotex to set aside a judgment on charges of fraud, pursuant to Federal Rule of Civil Procedure 60(b)(3). Apotex also asserted state law claims against Merck for common law fraud and tortious interference with prospective economic advantage...

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