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JANSSEN PHARMACEUTICA, N.V. v. APOTEX, INC.

No. 2008-1062.

540 F.3d 1353 (2008)

JANSSEN PHARMACEUTICA, N.V. and Janssen, L.P., Plaintiffs-Appellees, v. APOTEX, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 4, 2008.

Attorney(s) appearing for the Case

Scott B. Howard, Patterson Belknap Webb & Tyler LLP, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Gregory L. Diskant and Irena Royzman.

Amy D. Brody, Rakoczy Molino Mazzochi Siwik LLP, of Chicago, IL, argued for defendant-appellant. With her on the brief were William A. Rakoczy, Christine J. Siwik, and Robert M. Teigen. Of counsel on the brief was Shashank Upadhye, Apotex, Inc., of Weston, Ontario, Canada.

Before MICHEL, Chief Judge, RADER and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Defendant-Appellant Apotex, Inc. (Apotex) appeals the order of the United States District Court for the District of New Jersey dismissing its declaratory judgment action for noninfringement against Plaintiffs-Appellees Janssen Pharmaceutica, N.V. and Janssen, L.P. (collectively Janssen). We affirm.

BACKGROUND

I.

This case arises under the Hatch-Waxman Act (Act),1 which governs the Food...

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