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DEY PHARMA, LP v. SUNOVION PHARMACEUTICALS INC.

No. 2011-1507.

677 F.3d 1158 (2012)

DEY PHARMA, LP and Dey Inc., Plaintiffs-Appellees, v. SUNOVION PHARMACEUTICALS INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 16, 2012.

Attorney(s) appearing for the Case

Elizabeth A. Leff , Frommer Lawrence & Haug LLP, of Washington, DC, argued for plaintiffs-appellees. With her on the brief were Edgar H. Haug and Sam V. Desai , of New York, NY.

Eric W. Dittmann , Paul Hastings, LLP, of New York, NY, argued for defendant-appellant. With him on the brief were Joseph M. O'Malley, Jr. , Bruce M. Wexler and Preston K. Ratliff, II ; Stephen B. Kinnaird , of Washington, DC.

Before BRYSON, DYK, and MOORE, Circuit Judges.

DYK, Circuit Judge.

Dey Pharma, LP and Dey Inc. ("Dey") brought suit against Sunovion Pharmaceuticals, Inc. ("Sunovion") seeking a declaratory judgment that Dey's generic pharmaceutical product does not infringe Sunovion's U.S. Patent No. 6,451,289 ("the '289 patent"), and that the '289 patent is invalid. The district court concluded that it had subject-matter jurisdiction over the action, and the parties thereafter stipulated to a final judgment of noninfringement...

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