IN RE BRIMONIDINE PATENT LITIGATION

Attorney(s) appearing for the Case

Jonathan E. Singer , Fish & Richardson, P.C. of Minneapolis, MN, argued for plaintiff-appellee. With him on the brief were Deanna J. Reichel and Juanita R. Brooks , of San Diego, CA, and W. Chad Shear , of Dallas, TX.

Harold C. Wegner , Foley & Lardner, LLP, of Washington, DC, argued for defendants-appellants Exela Pharmsci Inc., et al. With him on the brief were C. Edward Polk, Jr. and Stephen B. Maebius . Of counsel was Douglas H. Carsten , of San Diego, CA.

Robert B. Breisblatt , Katten Muchin & Rosenman, LLP, of Chicago, IL, argued for plaintiffs-appellants Apotex Inc. et al. With him on the brief were Rachel M. Vorbeck , Brian J. Sodikoff and Stephen P. Benson . Of counsel was Charles Paradis .

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