Nos. 2010-1360, 2010-1380.

694 F.3d 1344 (2012)

SANTARUS, INC., Plaintiff-Appellant, and The Curators of the University of Missouri, Plaintiff-Appellant, v. PAR PHARMACEUTICAL, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

September 4, 2012.

Attorney(s) appearing for the Case

Morgan Chu , Irell & Manella LLP, of Los Angeles, CA, argued for both plaintiffs-appellants. With him on the brief for The Curators of the University of Missouri were Jamison E. Lynch , Mayer Brown LLP, of Chicago, IL. Of counsel for Santarus, Inc. were Gary N. Frischling and Joseph M. Lipner , Irell & Manella LLP, of Los Angeles, CA; and Andrea C. Hutchinson , Mayer Brown LLP, of Chicago, IL, for The Curators of the University of Missouri.

Janine A. Carlan , Arent Fox, LLP, of Washington, DC, argued for defendant-cross-appellant. On the brief was Richard J. Berman. Of counsel were Timothy W. Bucknell , Aziz Burgy , Janine A. Carlan , Joshua T. Morris , Amy E.L. Schoenhard , and Anthony W. Shaw .

Opinion for the court filed PER CURIAM. Opinion concurring in part and dissenting in part filed by Circuit Judge NEWMAN.


Appeal and cross-appeal are taken from the judgment of the United States District Court for the District of Delaware.1 Plaintiff Santarus, Inc. is the exclusive licensee of patents on specified formulations of benzimidazole proton pump inhibitors (PPI) — a class of chemical compounds that inhibit gastric acid secretion and help prevent and treat stomach acid-related diseases and disorders. The patents are for the inventions...

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