ASTRAZENECA PHARMACEUTICALS v. TEVA PHARMACEUTICAL

Nos. 2008-1480, 2008-1481.

583 F.3d 766 (2009)

ASTRAZENECA PHARMACEUTICALS LP and Astrazeneca UK Limited, Plaintiffs-Appellees, v. TEVA PHARMACEUTICALS USA, INC. and Teva Pharmaceutical Industries, Ltd., Defendants-Appellants, and Sandoz, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 25, 2009.


Attorney(s) appearing for the Case

Henry J. Renk, Fitzpatrick Cella, Harper & Scinto, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Bruce C. Haas; Charles E. Lipsey, Finnegan, Henderson, Farabow Garrett & Dunner, LLP, of Reston, VA, and Thomas A. Stevens, AstraZeneca Pharmaceuticals LP, of Wilmington, DE.

Ira J. Levy, Goodwin Proctor LLP, of New York, NY, argued for defendants-appellants Teva Pharmaceuticals USA, Inc., et al. With him on the brief were Henry C. Dinger, Daryl L. Wiesen and John T. Bennett, of Boston, MA.

Douglass C. Hochstetler, Schiff Hardin LLP, of Chicago, IL, argued for defendant-appellant Sandoz, Inc. With him on the brief were Jason G. Harp; and Beth D. Jacob, of New York, NY.

Before NEWMAN, RADER, and PROST Circuit Judges.


NEWMAN, Circuit Judge.

Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., and Sandoz, Inc. appeal from the grant, by the United States District Court for the District of New Jersey, of AstraZeneca Pharmaceuticals LP and AstraZeneca UK Limited's motion for summary judgment of no inequitable conduct.1 The district court ruled that the Appellants had not presented evidence sufficient for a reasonable jury to find that,...

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