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AVENTIS PHARMA S.A. v. HOSPIRA, INC.

No. 2011-1018.

675 F.3d 1324 (2012)

AVENTIS PHARMA S.A. and Sanofi-Aventis U.S., LLC, Plaintiffs-Appellants, v. HOSPIRA, INC., Defendant-Appellee, and Apotex Inc. and Apotex Corp., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 9, 2012.

Attorney(s) appearing for the Case

George F. Pappas , Covington & Burling, LLP, of Washington, DC, argued for plaintiffs-appellants Aventis Pharma S.A., et al. With him on the brief were Christopher N. Sipes , Kevin B. Collins , Michael N. Kennedy , and Roger A. Ford .

James F. Hurst , Winston & Strawn, LLP, of Chicago, IL, argued for defendant-appellee, Hospira, Inc. With him on the brief was Imron T. Aly . Of counsel on the brief were Steffen N. Johnson , Geoffrey P. Eaton , and Jacob R. Loshin , of Washington, DC. Of counsel was Andrew Nichols .

Richard T. Ruzich , Duane Morris LLP, of Washington, DC, argued for defendants-appellees, Apotex Inc., et al. With him on the brief were Arthur M. Dresner , Kerry B. Mctigue , Kristina Caggiano and Matthew C. Mousley . Of counsel on the brief was Shashank Upadhye , Apotex, Inc., of Toronto, Ontario, Canada.

Before LINN, DYK, and PROST, Circuit Judges.

PROST, Circuit Judge.

Aventis Pharma S.A. and Sanofi-Aventis U.S., L.L.C. (collectively "Sanofi") filed suit against Hospira, Inc. ("Hospira") and Apotex Inc. and Apotex Corp. (collectively "Apotex") under 35 U.S.C. § 271(e) for infringement of U.S. Patent Nos. 5,750,561 ("'561 patent") and 5,714,512 ("'512 patent"). After a bench trial, the district court found, inter alia, that claim 5 of the '561 patent and claim...

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