PFIZER, INC. v. TEVA PHARMACEUTICALS USA, INC.

No. 2007-1271.

518 F.3d 1353 (2008)

PFIZER, INC., Pharmacia Corp., Pharmacia & Upjohn, Inc., Pharmacia & Upjohn Company, G.D. Searle & Co., G.D. Searle LLC, Searle LLC (Delaware) and Searle LLC (Nevada), Plaintiffs-Appellees, v. TEVA PHARMACEUTICALS USA, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 7, 2008.


Attorney(s) appearing for the Case

Leora Ben-Ami, Kaye Scholer LLP, of New York, NY, argued for plaintiffs-appellees. With her on the brief were Daniel L. Reisner and Daniel Forchheimer. Of counsel on the brief was David De Lorenzi, Gibbons P.C., of Newark, NJ.

Henry C. Dinger, P.C., Goodwin Procter LLP, of Boston, MA, argued for defendant-appellant. With him on the brief were Thomas L. Creel, P.C., Keith A. Zullow, Christopher M. Ries, of New York, NY.

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


DYK, Circuit Judge.

Appellant Teva Pharmaceuticals USA, Inc. ("Teva") appeals from a final judgment of the United States District Court for the District of New Jersey, entered after a bench trial, in favor of Appellees Pfizer, Inc. et al. (collectively "Pfizer"). Pfizer Inc. v. Teva Pharms. USA, Inc., 482 F.Supp.2d 390 (D.N.J.2007). The district court held that Teva infringed three patents

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