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DAIICHI SANKYO CO., LTD. v. MATRIX LABORATORIES

No. 2009-1511.

619 F.3d 1346 (2010)

DAIICHI SANKYO COMPANY, LTD., and Daiichi Sankyo, Inc., Plaintiffs/Counterclaim Defendant-Appellees, v. MATRIX LABORATORIES, LTD., Mylan Inc., Mylan Laboratories, Inc., and Mylan Pharmaceuticals, Inc., Defendants-Counterclaimant-Appellants.

United States Court of Appeals, Federal Circuit.

September 9, 2010.

Attorney(s) appearing for the Case

Dominick A. Conde , Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for plaintiffs/counterclaim defendant-appellees. With him on the brief were Lisa B. Pensabene and Joshua I. Rothman . Of counsel on the brief were Henry B. Gutman , Robert A. Bourque and Noah M. Leibowitz , Simpson Thacher & Bartlett LLP, of New York, NY.

Robert L. Byer , Duane Morris LLP, of Pittsburgh, PA, argued for defendants/counterclaimant-appellants. Of counsel on the brief were Shannon M. Bloodworth , Perkins Coie LLP, of Washington, DC, and David J. Harth , The Law Office of David J. Harth, of Madison, WI. Of counsel was Dan L. Bagatell , Perkins Coie Brown & Bain P.A., of Phoenix, AZ.

Before LOURIE, FRIEDMAN, and LINN, Circuit Judges.

LOURIE, Circuit Judge.

Matrix Laboratories, Ltd., Mylan Inc., Mylan Laboratories, Inc., and Mylan Pharmaceuticals, Inc. (collectively, "Mylan") appeal from the final decision of the United States District Court for the District of New Jersey sustaining the validity of U.S. Patent 5,616,599 ("the '599 patent") under 35 U.S.C. § 103. We affirm.

BACKGROUND

I.

Daiichi Sankyo Company, Ltd. and Daiichi Sankyo, Inc. (collectively, "Daiichi...

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