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ELI LILLY AND CO. v. TEVA PHARMACEUTICALS USA

Nos. 2010-1005, 2010-1033.

619 F.3d 1329 (2010)

ELI LILLY AND COMPANY, Plaintiff-Cross Appellant, v. TEVA PHARMACEUTICALS USA, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 1, 2010.

Attorney(s) appearing for the Case

Charles E. Lipsey , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Reston, VA, argued for plaintiff-cross appellant. With him on the brief were L. Scott Burwell ; David S. Forman , Howard W. Levine , Laura P. Masurovsky , Mark J. Feldstein , and J. Derek McCorquindale , of Washington, DC. Of counsel on the brief was Gilbert T. Voy , Eli Lilly and Company, of Indianapolis, IN.

Edward H. Rice , Loeb & Loeb LLP, of Chicago, IL, argued for defendant-appellant. With him on the brief were Marina N. Saito , Steven M. Lubezny and Julie P. Samuels .

Before RADER, Chief Judge, LINN and PROST, Circuit Judges.

RADER, Chief Judge.

Following an 11-day bench trial, defendant Teva Pharmaceuticals USA, Inc. ("Teva") appeals the district court's permanent injunction preventing any manufacture or distribution of a generic version of the drug Evista® until the expiration of U.S. Patent Nos. 6,906,086 (the "'086 patent"); RE39,049 (the "'049 patent"); RE38,968 (the "'968 patent") (collectively the "Bone Loss Patents"); and RE39,050...

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