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KING PHARMACEUTICALS, INC. v. EON LABS, INC.

Nos. 2009-1437, 2009-1438.

616 F.3d 1267 (2010)

KING PHARMACEUTICALS, INC., and King Pharmaceuticals Research and Development, Inc, Plaintiffs-Appellants, v. EON LABS, INC., Defendant-Appellee, v. Elan Pharmaceuticals, Inc., Counterclaim Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 2, 2010.

Attorney(s) appearing for the Case

Gregory A. Castanias , Jones Day , of Washington, DC, argued for plaintiffs-appellants. With him on the brief were F. Dominic Cerrito , Daniel L. Malone and Eric C. Stops , of New York, NY. Of counsel was Evangeline Shih .

Martin B. Pavane , Cohen Pontani Lieberman & Pavane LLP, of New York, NY, argued for defendant-appellee. With him on the brief were Alfred H. Hemingway, Jr. and Marilyn Neiman .

James B. Monroe , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for counterclaim defendant-appellant. With him on the brief were Paul W. Browning and Kakoli Caprihan . Of counsel were Justin J. Hasford and Lawrence L. Ilag .

Before BRYSON, GAJARSA, and PROST, Circuit Judges.

GAJARSA, Circuit Judge.

King Pharmaceuticals, Inc. and King Pharmaceuticals Research and Development, Inc. ("King") appeal the U.S. District Court for the Eastern District of New York's grant of Eon Labs, Inc.'s ("Eon") motion for summary judgment that all claims of U.S. Patent Nos. 6,407,128 (the "'128 patent") and 6,683,102 (the "'102 patent") are invalid. See King Pharms., Inc. v. Eon Labs, Inc., 593 F.Supp.2d 501<...

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