EISAI CO. LTD. v. DR. REDDY'S LABORATORIES, LTD.

Nos. 2007-1397, 2007-1398.

533 F.3d 1353 (2008)

EISAI CO. LTD. and Eisai, Inc., Plaintiffs-Appellees, v. DR. REDDY'S LABORATORIES, LTD. and Dr. Reddy's Laboratories, Inc., Defendants-Appellants, and Teva Pharmaceuticals USA, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 21, 2008.


Attorney(s) appearing for the Case

Joseph M. O'Malley, Jr., Paul, Hastings, Janofsky & Walker, LLP, of New York, New York, argued for plaintiffs-appellees. With him on the brief were Bruce M. Wexler, David M. Conca, Gary G. Ji, and Quinn E. Clancy.

Maurice N. Ross, Budd Larner, P.C., of Short Hills, New Jersey, argued for defendants-appellants Dr. Reddy's Laboratories, Ltd., and Dr. Reddy's Laboratories, Inc. With him on the brief were Andrew J. Miller, Louis H. Weinstein, Ellen T. Lowenthal, and Dmitry V. Sheluho.

Henry C. Dinger, Goodwin Procter LLP, of Boston, Massachusetts, argued for defendant-appellant Teva Pharmaceuticals USA, Inc. With him on the brief were Elaine H. Blais, and David M. Hashmall, Frederick H. Rein, and Emily L. Rapalino, of New York, New York.

Before RADER, LINN, and PROST, Circuit Judges.


RADER, Circuit Judge.

On summary judgment, the United States District Court for the Southern District of New York found in favor of plaintiffs Eisai Co., Ltd. and Eisai, Inc. (collectively Eisai) with respect to the validity and enforceability of U.S. Patent No. 5,045,552 ('552 patent). Eisai Co. v. Teva Pharms. USA, Inc., 472 F.Supp.2d 493 (S.D.N.Y.2006) (SJ Validity Order); Eisai Co. v. Dr. Reddy's Labs...

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