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ABBOTT LABORATORIES v. TORPHARM, INC.

No. 2007-1019.

503 F.3d 1372 (2007)

ABBOTT LABORATORIES, Plaintiff-Appellee, v. TORPHARM, INC., Apotex, Inc., and Apotex Corporation, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

October 11, 2007.

Attorney(s) appearing for the Case

Daniel E. Reidy, Jones Day, of Chicago, IL, argued for plaintiff-appellee. With him on the brief were James R. Daly, Jason G. Winchester, Brian J. Murray, and Paula S. Quist. Of counsel on the brief was Gregory A. Castanias, of Washington, DC.

Deanne M. Mazzochi, Rakoczy Molino Mazzochi Siwik LLP, of Chicago, IL, argued for defendants-appellants. With her on the brief were Terrence P. Canade, and Hugh S. Balsam, Lord, Bissell & Brook LLP, of Chicago, IL. Of counsel was Adam G. Kelly.

Before MICHEL, Chief Judge, DYK, Circuit Judge, and OTERO, District Judge.

Opinion for the court filed by MICHEL, Chief Judge. Opinion concurring-in-part and dissenting-in-part filed by DYK, Circuit Judge.

MICHEL, Chief Judge.

This appeal involves the parties' ongoing dispute over the efforts of TorPharm, Inc., Apotex, Inc., and Apotex Corporation (collectively, "Apotex") to market a generic version of Depakote®, an anti-seizure medication containing divalproex sodium patented, produced, and sold by Abbott Laboratories ("Abbott...

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