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SANOFI-SYNTHELABO v. APOTEX, INC.

No. 2007-1438.

550 F.3d 1075 (2008)

SANOFI-SYNTHELABO, Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership, Plaintiffs-Appellees, v. APOTEX, INC. and Apotex Corp., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

December 12, 2008.

Attorney(s) appearing for the Case

Evan R. Chesler, Cravath, Swaine & Moore LLP, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Richard J. Stark and David Greenwald. Of counsel on the brief were Robert L. Baechtold, John D. Murnane, and William E. Solander, Fitzpatrick, Cella, Harper & Scinto, of New York, NY.

Robert B. Breisblatt, Welsh & Katz, Ltd., of Chicago, IL, argued for defendants-appellants. With him on the brief were Steven E. Feldman, Philip D. Segrest, Jr., and Sherry L. Rollo. Of counsel on the brief were Robert S. Silver, Manny D. Pokotilow, Bruce J. Chasan, and Mona Gupta, Caesar, Rivise, Bernstein, Cohen & Pokotilow, Ltd., of Philadelphia, PA.

Before NEWMAN, LOURIE, and BRYSON, Circuit Judges.

NEWMAN, Circuit Judge.

This suit arose in accordance with the provisions of the Hatch-Waxman Act, codified at 35 U.S.C. § 271(e) and 21 U.S.C. § 355(j). The patent at issue is United States Patent No. 4,847,265 (the '265 patent), owned by Sanofi-Synthelabo and related companies (collectively "Sanofi"), and covers the pharmaceutical product having the common name clopidogrel bisulfate and the brand name Plavix®. The product has the property of inhibiting...

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