WYETH v. SANDOZ, INC.

No. 5:07-CV-234-D.

703 F.Supp.2d 508 (2010)

WYETH, Plaintiff, v. SANDOZ, INC., Defendant.

United States District Court, E.D. North Carolina, Western Division.

Order Denying Certificate of Appealability July 15, 2010.


Attorney(s) appearing for the Case

Richard W. Ellis, Ellis & Winters, Raleigh, NC, for Plaintiff.

F. Hill Allen, IV, Tharrington Smith, Raleigh, NC, for Defendant.

Paul K. Sun, Jr., Ellis & Winters, Raleigh, NC.


ORDER

JAMES C. DEVER III, District Judge.

Plaintiff Wyeth filed this patent infringement action against Sandoz, Inc. ("Sandoz"), alleging that Sandoz's generic extended release venlafaxine product infringes U.S. Patent Nos. 6,274,171 B1 ("the '171 patent"), 6,403,120 B1 ("the '120 patent"), and 6,419,958 B2 ("the '958 patent") (collectively "the Wyeth patents"). Wyeth has moved for summary judgment regarding Sandoz's direct infringement, active inducement...

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