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AVENTIS PHARMA S.A. v. AMPHASTAR PHARMACEUTICALS

No. 2007-1280.

525 F.3d 1334 (2008)

AVENTIS PHARMA S.A. and Aventis Pharmaceuticals, Inc., Plaintiffs-Appellants, v. AMPHASTAR PHARMACEUTICALS, INC., Defendant-Appellee, and Teva Pharmaceuticals USA, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 14, 2008.

Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Allen M. Sokal, Bryan C. Diner, and Esther H. Lim, of Washington, DC, and Michael J. McCabe II, of Atlanta, GA.

Jan P. Weir, Stradling Yocca Carlson & Rauth, of Newport Beach, CA, argued for defendant-appellee Amphastar Pharmaceuticals, Inc. With him on the brief were Steven M. Hanle and Jennifer A. Trusso.

Francis C. Lynch, Goodwin Procter LLP, of Boston, MA, argued for defendant-appellee Teva Pharmaceuticals USA, Inc. With him on the brief were Laurie S. Gill and John T. Bennett.

Meredith Martin Addy, Brinks Hofer Gilson & Lione, of Chicago, IL, for amicus curiae, Sandoz, Inc. With her on the brief were Glen P. Belvis and C. Noel Kaman.

Before RADER, PROST, and MOORE, Circuit Judges.

PROST, Circuit Judge.

This infringement case returns to us for the second time after remand to the district court on the issue of whether Aventis committed inequitable conduct before the United States Patent and Trademark Office ("PTO"). In our earlier opinion, we held that the dosage of the prior art composition used in half-life comparisons with the patented composition was information material to patentability, but we remanded to the district court to determine...

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