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CARACO PHARMACEUTICAL LAB. v. FOREST LABORATORIES

No. 2007-1404.

527 F.3d 1278 (2008)

CARACO PHARMACEUTICAL LABORATORIES, LTD., Plaintiff-Appellant, v. FOREST LABORATORIES, INC., Forest Laboratories Holdings, Ltd., and H. Lundbeck A/S, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 1, 2008.

Attorney(s) appearing for the Case

James F. Hurst, Winston & Strawn, LLP, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Derek J. Sarafa and Samuel S. Park. Of counsel on the brief were Steffen N. Johnson and Luke W. Goodrich, of Washington, DC.

Gerald J. Flattmann, Jr., Kirkland & Ellis LLP, of New York, NY, argued for defendants-appellees. With him on the brief were John M. Desmarais, Christine Willgoos, and Benjamin A. Lasky. Of counsel was Peter J. Armenio.

Opinion for the court filed by Circuit Judge GAJARSA. Dissenting opinion filed by Circuit Judge FRIEDMAN.

GAJARSA, Circuit Judge.

This is an action brought under the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202, and the provision of the Hatch-Waxman Act establishing civil actions for patent certainty, 21 U.S.C. § 355(j)(5)(C). Plaintiff-Appellant Caraco Pharmaceutical Laboratories, Ltd. ("Caraco") appeals a decision of the United States District Court for the Eastern...

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