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DURAMED PHARMACEUTICALS v. PADDOCK LABORATORIES

No. 2010-1419.

644 F.3d 1376 (2011)

DURAMED PHARMACEUTICALS, INC. (now known as Teva Women's Health, Inc.), Plaintiff-Appellant, v. PADDOCK LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 21, 2011.

Attorney(s) appearing for the Case

Charanjit Brahma , Kirkland & Ellis, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Corey J. Manley and J. John Lee ; and Alexander F. Mackinnon , of Los Angeles, CA. Of counsel was Robert G. Krupka , of Los Angeles, CA.

Edgar H. Haug , Frommer Lawrence & Haug, LLP, of New York, NY, argued for defendant-appellee. With him on the brief was David A. Zwally .

Before LOURIE, GAJARSA, and DYK, Circuit Judges.

LOURIE, Circuit Judge.

Duramed Pharmaceuticals, Inc. ("Duramed") appeals from the decision of the United States District Court for the Southern District of New York granting summary judgment of noninfringement to Paddock Laboratories, Inc. ("Paddock"). Duramed Pharms., Inc. v. Paddock Labs., Inc., 715 F.Supp.2d 552 (S.D.N.Y.2010). Because the district court did not err in holding that prosecution history estoppel bars...

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