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TYCO HEALTHCARE GROUP v. MUTUAL PHARMACEUTICAL CO.

No. 2010-1513.

642 F.3d 1370 (2011)

TYCO HEALTHCARE GROUP LP and Mallinckrodt, Inc., Plaintiffs-Appellants, v. MUTUAL PHARMACEUTICAL COMPANY, INC. and United Research Laboratories, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 22, 2011.

Attorney(s) appearing for the Case

Henry J. Renk , Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for the plaintiffs-appellants.

Jeremy C. Lowe , Axinn, Veltrop & Harkrider LLP, of Hartford, CN, argued for defendants-appellees. With him on the brief were James D. Veltrop and Francis H. Morrison, III . Of counsel were Thomas K. Hedemann and Jason T. Murata .

Before NEWMAN, BRYSON, and GAJARSA, Circuit Judges.

BRYSON, Circuit Judge.

Tyco Healthcare Group LP and Mallinckrodt, Inc. (collectively, "Tyco") appeal from a summary judgment invalidating the two claims of U.S. Patent No. 5,211,954 ("the '954 patent") for obviousness. We affirm.

I

Temazepam is a hypnotic (sleep-inducing) drug that is one of a class of compounds known as benzodiazepines. Pharmacological formulations of temazepam have been marketed internationally...

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