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OTSUKA PHARMACEUTICAL CO., LTD. v. SANDOZ, INC.

Nos. 2011-1126, 2011-1127.

678 F.3d 1280 (2012)

OTSUKA PHARMACEUTICAL CO., LTD., Plaintiff-Appellee, v. SANDOZ, INC., Sun Pharmaceutical Industries, Ltd., Synthon BV, Synthon Holdings BV, Synthon Laboratories, Inc., and Synthon Pharmaceuticals, Inc., Defendants, and Apotex Inc. and Apotex Corp., Defendants-Appellants, and Teva Pharmaceuticals USA, Inc., Barr Laboratories, Inc., and Barr Pharmaceuticals, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

May 7, 2012.

Attorney(s) appearing for the Case

James B. Monroe , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Michael J. Flibbert , Paul M. Browning and Denise Main . Of counsel on the brief were Robert L. Baechtold and John D. Murnane , Fitzpatrick, Cella, Harper & Scinto, of New York, New York.

Steven E. Feldman , Husch Blackwell LLP, of Chicago, IL, argued for Defendants-Appellants Apotex Inc., et al. With him on the brief were Daniel R. Cherry and Sherry L. Rollo .

Elizabeth J. Holland , Kenyon & Kenyon LLP, of New York, NY, for defendants-appellants Teva Pharmaceuticals USA, Inc., et al. With her on the brief was Maria Luisa Palmese .

Before LOURIE, MOORE, and REYNA, Circuit Judges.

LOURIE, Circuit Judge.

Apotex Inc., Apotex Corp., Teva Pharmaceuticals USA, Inc., Barr Laboratories, Inc., and Barr Pharmaceuticals, Inc. (collectively, the "Defendants") appeal from the final decision of the United States District Court for the District of New Jersey sustaining the validity of the asserted claims of U.S. Patent 5,006,528 (the "'528 patent") under 35 U.S.C. § 103 and under the doctrine of nonstatutory double patenting. We affirm.

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