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ADAMS RESPIRATORY THERAPEUTICS, INC. v. PERRIGO COMPANY

No. 2010-1246.

ADAMS RESPIRATORY THERAPEUTICS, INC., ADAMS RESPIRATORY OPERATIONS, INC., and ADAMS RESPIRATORY PRODUCTS, INC., Plaintiffs-Appellants, v. PERRIGO COMPANY, L. PERRIGO COMPANY, and PERRIGO RESEARCH AND DEVELOPMENT COMPANY, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: August 5, 2010.

Attorney(s) appearing for the Case

DOMINICK A. CONDE, Fitzpatrick, Cella, Harper & Scinto, of New York, New York, argued for plaintiffs-appellants. With him on the brief were JOHN D. CARLIN, NINA SHREVE, COLLEEN TRACY and TARA BYRNE.

WILLIAM A. RAKOCZY, Rakoczy Molino Mazzochi Siwik, LLP, of Chicago, Illinois, argued for defendants-appellees. With him on the brief were CHRISTINE J. SlWIK, ALICE L. RIECHERS, GREGORY A. DUFF and ROBERT M. TEIGEN.

Before LINN, MOORE, and FRIEDMAN, Circuit Judges.

MOORE, Circuit Judge.

Adams Respiratory Therapeutics, Inc. (Adams) appeals the judgment of the district court that the guaifenesin product described in Perrigo Co.'s (Perrigo's) Abbreviated New Drug Application (ANDA) would not infringe the asserted claims of U.S. Patent No. 6,372,252 (the '252 patent). Because the court based its judgment of noninfringement on an erroneous claim construction, we vacate and remand.

BACKGROUND

Guaifenesin is an expectorant...

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