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BAYER HEALTHCARE v. WATSON PHARMACEUTICALS, INC.

Nos. 2012-1397, 2012-1398, 2012-1400, 2012-1424.

713 F.3d 1369 (2013)

BAYER HEALTHCARE PHARMACEUTICALS, INC. and Bayer Schering Pharma AG, Plaintiffs-Appellees, v. WATSON PHARMACEUTICALS, INC. and Watson Laboratories, Inc., Defendants-Appellants, Sandoz Inc., Defendant-Appellant. Bayer Schering Pharma AG and Bayer Healthcare Pharmaceuticals, Inc., Plaintiffs-Appellees, v. Lupin, Ltd. and Lupin Pharmaceuticals, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

April 16, 2013.

Attorney(s) appearing for the Case

Adam K. Mortara , Bartlit Beck Herman Palenchar & Scott, LLP, of Chicago, IL, argued for plaintiffs-appellees. With him on the brief were Peter B. Bensinger, Jr. and Matthew R. Ford. Of counsel was Paul J. Skiermont , Skiermont Puckett, LLP, of Dallas, TX.

Mark T. Jansen , Crowell & Moring LLP, of San Francisco, CA, argued for defendants-appellants Watson Pharmaceuticals, Inc., et al. With him on the brief were Cedric C.Y. Tan and Kristin M. Cooklin .

Joseph A. Hynds , Rothwell, Figg, Ernst & Manbeck, P.C., of Washington, DC, argued for the defendant-appellant, Sandoz Inc. With him on the brief were Steven Lieberman and Lisa N. Phillips .

Robert F. Green , Leydig, Voit & Mayer, Ltd. of Chicago, IL, argued for defendants-appellants, Lupin Ltd., et al. With him on the brief were Christopher T. Griffith and Kate M. Lesciotto ; Jamaica P. Szeliga , of Washington, DC.

Before LOURIE, SCHALL, and PROST, Circuit Judges.

LOURIE, Circuit Judge.

In these consolidated patent infringement actions, generic pharmaceutical manufacturers Watson Pharmaceuticals, Inc., Watson Laboratories, Inc., Sandoz, Inc., Lupin Ltd., and Lupin Pharmaceuticals, Inc. (collectively, the "Defendants") appeal from the final judgments of the United States District Court for the District of Nevada in favor of Plaintiffs-Appellees Bayer Healthcare Pharmaceuticals, Inc. and Bayer Schering Pharma AG (collectively...

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