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SCHWARZ PHARMA, INC. v. PADDOCK LABORATORIES, INC.

No. 2007-1074.

504 F.3d 1371 (2007)

SCHWARZ PHARMA, INC. and Schwarz Pharma AG, Plaintiffs-Appellants, and Warner-Lambert Company, LLC, Plaintiff, v. PADDOCK LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 12, 2007.

Attorney(s) appearing for the Case

Daniel L. Malone, Jones Day, of New York, NY, argued for plaintiffs-appellants. With him on the brief were Brian M. Poissant and F. Dominic Cerrito.

Michael J. Fink, Greenblum & Bernstein, P.L.C., of Reston, VA, argued for defendant-appellee. With him on the brief were Neil F. Greenblum, Stephen M. Roylance, and P. Branko Pejic.

Before MICHEL, Chief Judge, and LOURIE and MOORE, Circuit Judges.

LOURIE, Circuit Judge.

Schwarz Pharma, Inc. and Schwarz Pharma AG (collectively, "Schwarz") appeal from the order of the United States District Court for the District of Minnesota entering summary judgment of noninfringement of U.S. Patent 4,743,450 ("the '450 patent") in favor of Paddock Laboratories, Inc. ("Paddock"). Because the district court did not err in its conclusion that prosecution history estoppel bars resort to the doctrine of equivalents in this case...

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