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ABRAXIS BIOSCIENCE, INC. v. NAVINTA LLC

No. 2009-1539.

625 F.3d 1359 (2010)

ABRAXIS BIOSCIENCE, INC., Plaintiff-Appellee, v. NAVINTA LLC, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

November 9, 2010.

Attorney(s) appearing for the Case

Richard De Bodo , Hogan & Hartson, LLP, of Los Angeles, CA, argued for plaintiff-appellee. With him on the brief were Amy M. Gallegos; and Siegmund Y. Gutman, of Washington, DC.

Meredith Martin Addy , Brinks Hofer Gison & Lione, of Chicago, IL, argued for defendant-appellant. With her on the brief were Mark H. Remus , Laura A. Lydigsen , and Luke A. Parsons .

Opinion for the court filed by Circuit Judge GAJARSA. Dissenting opinion filed by Circuit Judge NEWMAN.

GAJARSA, Circuit Judge.

Appellant Navinta LLC appeals from a final judgment of the United States District Court for the District of New Jersey finding, inter alia, that Navinta's Abbreviated New Drug Application ("ANDA") product would directly infringe claims 1-3 of U.S. Patent No. 4,870,086 (the "'086 patent") and contribute to and induce infringement of claim 6 of the '086 patent. In addition, the district court found that Navinta's ANDA product would contribute...

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