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AVENTIS PHARMACEUTICALS v. AMINO CHEMICALS LTD.

Nos. 2011-1335, 2011-1336.

715 F.3d 1363 (2013)

AVENTIS PHARMACEUTICALS INC., Plaintiff-Appellant, and AMR Technology, Inc., (now known as Albany Molecular Research, Inc.), Plaintiff-Appellant, v. AMINO CHEMICALS LTD., Dipharma Francis, Sr.L., and Dipharma Spa, Defendants-Appellees, and Mylan Pharmaceuticals Inc., Defendant. Aventis Pharmaceuticals Inc., Plaintiff-Appellant, and AMR Technology, Inc., (now known as Albany Molecular Research, Inc.), Plaintiff-Appellant, v. Teva Pharmaceuticals USA, Inc., Defendants, and Amino Chemicals Ltd., Dipharma Francis, Sr.L., and Dipharma Spa, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 20, 2013.

Attorney(s) appearing for the Case

Paul H. Berghoff , McDonnell Boehnen Hulbert & Berghoff LLP, of Chicago, IL, argued for plaintiffs-appellants, Aventis Pharmaceuticals Inc. and AMR Technology, Inc. With him on the brief were James C. Gumina , Jeremy E. Noe and Paula S. Fritsch . Of counsel on the brief were Liza M. Walsh , Connell Foley LLP, of Roseland, NJ; Andrew P. Zappia , Richard A. McGuirk , Wendell W. Harris , Tate T. Tischner and Shelley A. Jones , Leclairryan, Rochester, NY.

Anthony W. Shaw , Arent Fox LLP, of Washington, DC, argued for defendants-appellees, Amino Chemicals Ltd., et al. Of counsel on the brief was Joerg-Uwe Szipl , Griffin & Szipl PC, of Arlington, VA.

Dissenting opinion filed by Circuit Judge BRYSON.

REYNA, Circuit Judge.

Aventis Pharmaceuticals, Inc. and Albany Molecular Research, Inc. (AMRI) (collectively "Appellants") appeal a stipulated judgment of noninfringement entered by the U.S. District Court for the District of New Jersey. The parties stipulated to noninfringement following the district court's Markman opinion of January 13, 2011, which consolidated numerous patent infringement cases and construed terms of AMRI's U.S. Patent No. 5,750,703 ("the...

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