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DEY, L.P. v. SUNOVION PHARMACEUTICALS, INC.

No. 2012-1428.

715 F.3d 1351 (2013)

DEY, L.P., Dey, Inc., and Mylan, Inc., Plaintiffs-Appellants, v. SUNOVION PHARMACEUTICALS, INC. (formerly known as Sepracor, Inc.), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 20, 2013.

Attorney(s) appearing for the Case

Evan R. Chesler , Cravath, Swaine & Moore, LLP, of New York, NY, argued for plaintiffs-appellants. With him on the brief was Roger G. Brooks. Of counsel on the brief were Edgar H. Haug and Robert E. Colletti , Frommer, Lawrence & Haug, LLP, of New York, NY.

Joseph M. O'Malley, Jr. , Paul Hastings, LLP, of New York, NY, argued for defendant-appellee. With him on the brief were Bruce M. Wexler and David M. Conca . Of counsel on the brief was Stephen B. Kinnaird of Washington, DC.

Dissenting opinion filed by Circuit Judge NEWMAN.

BRYSON, Circuit Judge.

During the late 1990s and 2000s, Sunovion Pharmaceuticals, Inc., and the Dey plaintiffs (Dey, L.P.; Dey, Inc.; and Mylan, Inc.) were simultaneously developing pharmaceutical products to treat lung disease. Sunovion filed a patent application, followed by an application to test its products in human subjects. It then received a patent and held clinical trials, all before ultimately releasing a commercial...

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