In re '318 PATENT INFRINGEMENT LITIGATION.
Janssen Pharmaceutica N.V., Janssen L.P., and Synaptech, Inc., Plaintiffs-Appellants,
v.
Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd., Defendants, and
Mylan Pharmaceuticals, Inc. and Mylan Laboratories, Inc., Defendants-Appellees, and
Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd., Defendants, and
Barr Laboratories, Inc., Defendant-Appellee, and
Purepac Pharmaceutical Co. and Actavis Group, Defendants, and
Alphapharm Pty Ltd., Defendant-Appellee.
Janssen Pharmaceutica, N.V., Janssen, L.P., Ortho-Mcneil Neurologics, Inc., and Synaptech, Inc., Plaintiffs-Appellants,
v.
Barr Laboratories, Inc., and Barr Pharmaceuticals, Inc., Defendants-Appellees.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
September 25, 2009.
September 25, 2009.
Attorney(s) appearing for the Case
George F. Pappas, Covington & Burling LLP, of Washington, DC, argued for all plaintiffs-appellants. With him on the brief for Janssen Pharmaceutica, N.V., et al. were Christopher N. Sipes and Kurt G. Calia. Of counsel on the brief for plaintiff-appellant Synaptech, Inc. were Edward V. Filardi and Rachel Blitzer, Skadden, Arps, Slate, Meagher & Flom LLP, of New York, NY.
William A. Rakoczy, Rakoczy Molino Mazzochi Siwik LLP, of Chicago, IL, argued for defendants-appellees Mylan Pharmaceuticals, Inc., Mylan Laboratories, Inc., and Alphapharm Pty Ltd. With him on the brief for defendants-appellees Mylan Pharmaceuticals, Inc., et al. were Christine J. Siwik and Amy D. Brody; Mona Gupta, Alan H. Bernstein, James J. Kozuch, and William C. Youngblood, Caesar Rivise Bernstein Cohen & Pokotilow, Ltd., of Philadelphia, Pennsylvania, for defendant-appellee Alphapharm Pty Ltd.
George C. Lombardi, Winston & Strawn LLP, of Chicago, IL, argued for defendant-appellee Barr Laboratories, et al. With him on the brief were Taras A. Gracey, Lynn M. Ulrich, Ryanne L. Easley and William P. Ferranti. Of counsel was Steven J. Winger.
Before MAYER, GAJARSA, and DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
DYK, Circuit Judge.
Janssen Pharmaceutica N.V., Janssen L.P., and Synaptech, Inc. ("Janssen"), appeal from a final judgment of the United States District Court for the District of Delaware. After a bench trial, the district court determined that the claims of U.S. Patent No. 4,663,318 ("the '318 patent") were invalid for lack of enablement. In re '318 Patent Infringement Litig.,578 F.Supp.2d 711, 737 (D.Del.2008)....
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