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CANCER RESEARCH TECHNOLOGY v. BARR LABORATORIES

No. 2010-1204.

625 F.3d 724 (2010)

CANCER RESEARCH TECHNOLOGY LIMITED and Schering Corporation, Plaintiffs-Appellants, v. BARR LABORATORIES, INC. and Barr Pharmaceuticals, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

November 9, 2010.

Attorney(s) appearing for the Case

Matthew D. Powers , Weil Gotshal & Manges LLP, of Redwood Shores, CA, argued for plaintiffs-appellants. With him on the brief were Nicolas G. Barzoukas and Jason C. Abair , of Houston, TX; and Jennifer H. Wu , of New York, NY.

George C. Lombardi , Winston & Strawn LLP, of Chicago, IL, argued for defendants-appellees. With him on the brief were Lynn M. Ulrich , Maureen L. Rurka , Ivan M. Poullaos , and Julia Mano Johnson . Of counsel on the brief was Steffan N. Johnson , of Washington, DC.

Opinion for the court filed by Circuit Judge LOURIE, in which Circuit Judge NEWMAN joins. Dissenting opinion filed by Circuit Judge PROST.

LOURIE, Circuit Judge.

Cancer Research Technology Limited and Schering Corporation (collectively, "Cancer Research") appeal from the final decision of the United States District Court for the District of Delaware holding U.S. Patent 5,260,291 ("the '291 patent") unenforceable for prosecution laches and inequitable conduct. Cancer Research Tech. v. Barr Labs., Inc., 679 F.Supp.2d 560 (D.Del.2010). We reverse.

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