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TEVA PHARMACEUTICAL v. ASTRAZENECA PHARMACEUTICALS

No. 2011-1091.

661 F.3d 1378 (2011)

TEVA PHARMACEUTICAL INDUSTRIES LTD., Plaintiff-Appellant, v. ASTRAZENECA PHARMACEUTICALS LP and IPR Pharmaceuticals Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

December 1, 2011.

Attorney(s) appearing for the Case

Jeffrey D. Blake , Sutherland, Asbill & Brennan, LLP, of Atlanta, GA, argued for plaintiff-appellant. With him on the brief was David A. Reed .

Eric J. Fues , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for defendants-appellees. With him on the brief were Ford F. Farabow, Jr. and Rama G. Elluru ; and Charles E. Lipsey , of Reston, VA. Of counsel on the brief were, Jamie B. Bischoff and Marc J. Weinstein , Ballard Spahr, L.L.P., of Philadelphia, PA, and Judy Yun , AstraZeneca Pharmaceuticals, LP, of Wilmington, DE.

Before RADER, Chief Judge, LINN and DYK, Circuit Judges.

LINN, Circuit Judge.

Teva Pharmaceutical Industries Ltd. ("Teva") appeals from the Eastern District of Pennsylvania's entry of summary judgment in favor of AstraZeneca Pharmaceuticals LP and IPR Pharmaceuticals Inc. (collectively "AstraZeneca") invalidating claims 1, 26, 42, and 52 ("asserted claims") of Teva's U.S. Patent No. RE39,502 ("'502 patent") based on AstraZeneca's prior invention of the subject matter claimed therein. Because the district court correctly...

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