ALLERGAN, INC. v. SANDOZ INC.

Nos. 2011-1619, 2011-1620, 2011-1635, 2011-1639.

726 F.3d 1286 (2013)

ALLERGAN, INC., Plaintiff-Appellee, v. SANDOZ INC., Alcon Laboratories, Inc., Alcon Research, Ltd., Alcon, Inc., and Falcon Pharmaceuticals, Ltd., Defendants-Appellants, and Apotex Inc. and Apotex Corp., Defendants-Appellants, and Watson Laboratories, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing En Banc Denied September 9, 2013.


Attorney(s) appearing for the Case

Juanita R. Brooks , Fish & Richardson P.C., of San Diego, CA, argued for plaintiff-appellee. With her on the brief were Jonathan E. Singer and Deanna J. Reichel , of Minneapolis, MN; W. Chad Shear , of Wilmington, DE.

Deanne E. Maynard , Morrison & Foerster, LLP, of Washington, DC, argued for all defendants-appellants. With her on the brief was Brian R. Matsui ; Brian M. Kramer , of San Diego, CA. Of counsel on the brief were Kerry B. McTigue , Barry P. Golob , and W. Blake Coblentz , Duane Morris LLP, of Washington, DC. Also on the brief were Robert B. Breisblatt , Stephen P. Benson , Christine E. Bestor and Dennis C. Lee , Katten, Muchin & Rosenman LLP, of Chicago, IL, for defendants-appellants Apotex Inc., et al., and Gary E. Hood, Polsinelli Shughart PC, of Chicago, IL, for defendant-appellant Watson Laboratories, Inc. Of counsel was Richard T. Ruzich , Katten, Muchin & Rosenman LLP, of Chicago, IL, for defendants-appellants Sandoz Inc., et al.

Opinion for the court filed by Circuit Judge PROST. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge DYK.


PROST, Circuit Judge.

This patent infringement case involves a combination ophthalmic drug treatment. The issues on appeal are invalidity and claim construction. Sandoz Inc., Alcon Laboratories, Inc., Alcon Research Ltd., Alcon, Inc., and Falcon Pharmaceuticals, Ltd. (collectively, "Sandoz") challenge the district court's finding that the claims of U.S. Patent Nos. 7,642,258 ("'258 patent"); 7,320,976 ("'976 patent"); 7,323,463 ("'463 patent"); and 7,030,149 ("'149...

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