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IN RE CYCLOBENZAPRINE HYDROCHLORIDE

Nos. 2011-1399, 2011-1409.

676 F.3d 1063 (2012)

In re CYCLOBENZAPRINE HYDROCHLORIDE EXTENDED-RELEASE CAPSULE PATENT LITIGATION. Eurand, Inc. (Now Known as Aptalis Pharmatech, Inc.), Cephalon, Inc., and Anesta AG, Plaintiffs-Cross Appellants, v. Mylan Pharmaceuticals Inc. and Mylan Inc., Defendants-Appellants, and Par Pharmaceutical, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 16, 2012.

Attorney(s) appearing for the Case

Jonathan E. Singer Fish & Richardson, P.C., of Wilmington, DE, argued for plaintiff-cross appellant. With him on the brief were William J. Marsden, Jr. of Minneapolis, MN, Juanita R. Brooks , of San Diego, CA, and Cherylyn Esoy Mizzo , of Washington, DC.

James H. Wallace, Jr. , Wiley Rein LLP, of Washington, DC, argued defendants-appellants. With him on the brief were Mark A. Pacella , Robert J. Scheffel , Matthew J. Dowd , Kevin P. Anderson and Brian H. Pandya.

Before NEWMAN, O'MALLEY, and REYNA, Circuit Judges.

O'MALLEY, Circuit Judge.

After a bench trial, the U.S. District Court for the District of Delaware found U.S. Patent Nos. 7,387,793 and 7,544,372 invalid as obvious. Case No.2011-1409 is an appeal from that judgment. We reverse and vacate the district court's judgment of invalidity because the district court erred when it declared the patents in suit invalid as obvious. Specifically, by failing to consider the lack of a known pharmacokinetic/pharmacodynamic relationship...

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