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PROCTER & GAMBLE CO. v. TEVA PHARMACEUTICALS USA

Nos. 2008-1404, 2008-1405, 2008-1406.

566 F.3d 989 (2009)

The PROCTER & GAMBLE COMPANY, Plaintiff-Appellee, v. TEVA PHARMACEUTICALS USA, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 13, 2009.

Attorney(s) appearing for the Case

William F. Lee, Wilmer Cutler Pickering Hale & Dorr LLP, of Boston, MA, argued for plaintiff-appellee. With him on the brief were Vinita Ferrera and Allen C. Nunnally. Also on the brief were David B. Bassett and Christopher J. Meade, of New York, NY.

James Galbraith, Kenyon & Kenyon LLP, of New York, NY, argued for defendant-appellant. With him on the brief were Maria Luisa Palmese, and A. Antony Pfeffer.

Before MAYER, DYK, Circuit Judges, and HUFF, District Judge.

HUFF, District Judge.

Teva Pharmaceuticals USA, Inc. ("Teva") appeals from a final judgment of the United States District Court for the District of Delaware in favor of The Procter & Gamble Company ("P & G") in three cases upholding the validity of P & G's U.S. Patent 5,583,122 (the "'122 patent"). Proctor & Gamble Co. v. Teva Pharmaceuticals USA, Inc., 536 F.Supp.2d 476 (D.Del.2008). After a bench trial...

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