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UNIGENE LABORATORIES, INC. v. APOTEX, INC.

No. 2010-1006.

655 F.3d 1352 (2011)

UNIGENE LABORATORIES, INC. and Upsher-Smith Laboratories, Inc., Plaintiffs-Appellees, v. APOTEX, INC. and Apotex Corp., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

August 25, 2011.

Attorney(s) appearing for the Case

Bruce C. Haas , Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for plaintiffs-appellees. With him on the brief was Steven C. Kline.

Manny D. Pokotilow , Caesar, Rivise, Bernstein, Cohen & Pokotilow, Ltd., of Philadelphia, PA, argued for defendants-appellants. With him on the brief were Robert S. Silver , James J. Kozuch and Marc B. Bassler. Of counsel was William Joseph Castillo.

Before RADER, Chief Judge, MOORE, and O'MALLEY, Circuit Judges.

RADER, Chief Judge.

The United States District Court for the Southern District of New York heard a dispute between Apotex, Inc. and Apotex Corp. ("Apotex"), the appellants, and Unigene Laboratories, Inc. and Upsher-Smith Laboratories, Inc. (collectively, "Unigene"), the appellees, over claim 19 of U.S. Patent No. RE40,812E ("'812E patent"). On cross-motions for summary judgment, the district court granted Unigene's motion that the patent would not have been obvious...

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