ASTRAZENECA LP v. APOTEX, INC.

Nos. 2009-1381, 2009-1424.

633 F.3d 1042 (2010)

ASTRAZENECA LP and AstraZeneca AB, Plaintiffs-Cross Appellants, v. APOTEX, INC. and Apotex Corp., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

November 1, 2010.


Attorney(s) appearing for the Case

Denise L. Loring , Ropes & Gray LLP, of New York, NY, argued for plaintiffs-appellees. With her on the brief were Christopher J. Harnett , Pablo D. Hendler and Derek M. Kato .

Richard J. Basile , St. Onge Steward Johnston & Reens LLC, of Stamford, CT, argued for defendants-appellants. With him on the brief were David W. Aldrich and Roy D. Gross. Of counsel on the brief was Shashank Upadhye, Intellectual Property Law Apotex, Inc., of Toronto, Ontario, CA.

William A. Rakoczy , Rakoczy Molino Mazzochi Siwik LLP, of Chicago, IL, for amicus curiae Breath Limited. With him on the brief were Deanne M. Mazzochi and Amy D. Brody.

Richard T. Ruzich , Duane Morris LLP, of Chicago, IL, for amicus curiae Xttrium Laboratories, Inc. With him on the brief were Joseph M. Bennett-Paris , of Atlanta, GA; Anthony J. Fitzpatrick and Christopher S. Kroon , of Boston, MA; Matthew C. Mousley, of Philadelphia, PA; and Kerry B. McTigue , of Washington, DC.

Opinion for the court filed by Circuit Judge LINN. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge BRYSON.


LINN, Circuit Judge.

Apotex, Inc. and Apotex Corp. (collectively "Apotex") appeal from the grant by the United States District Court for the District of New Jersey of a preliminary injunction barring Apotex from launching a generic version of a budesonide drug made and distributed under the approval of the United States Food and Drug Administration ("FDA") by AstraZeneca LP and AstraZeneca AB (collectively "AstraZeneca") and covered under method and kit claims in...

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