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ALCON RESEARCH, LTD. v. APOTEX INC.

No. 2011-1455.

687 F.3d 1362 (2012)

ALCON RESEARCH, LTD. (Formerly Known As Alcon Manufacturing, Ltd.), Alcon Laboratories, Inc., and Kyowa Hakko Kirin Co. Ltd., Plaintiffs-Appellees, v. APOTEX INC. and Apotex Corp., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

August 8, 2012.

Attorney(s) appearing for the Case

Kannon Kumar Shanmugam , Williams & Connolly, LLP, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were Adam L. Perlman , Kannon K. Shanmugam , Thomas H.L. Selby and Shelley J. Webb .

Robert B. Breisblatt , Katten Muchin Rosenman, LLP, of Chicago, IL, argued for defendants-appellants. With him on the brief were Craig M. Kuchii , Brian J. Sodikoff and Thomas J. Maas. Of counsel on the brief was Shashank Upadhye , Apotex, Inc., of Toronto, Ontario, Canada.

Before PROST, MOORE, and O'MALLEY, Circuit Judges.

MOORE, Circuit Judge.

Apotex Inc. and Apotex Corp. (collectively, Apotex) submitted an Abbreviated New Drug Application (ANDA) to the Food and Drug Administration seeking approval to market a generic version of the anti-allergy eye drop Patanol®. Alcon Research, Ltd. et al. (collectively, Alcon), who market Patanol®, sued Apotex for patent infringement under 35 U.S.C. § 271(e)(2)(A). Alcon asserted claims 1-8 of U.S. Patent No. 5,641,805 ('805 patent...

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