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SUNOVION PHARMACEUTICALS v. TEVA PHARMACEUTICALS

No. 2013-1335.

731 F.3d 1271 (2013)

SUNOVION PHARMACEUTICALS, INC., Plaintiff-Appellant, v. TEVA PHARMACEUTICALS USA, INC., Sun Pharma Global, Inc., Sun Pharmaceutical Industries, Inc., Sun Pharmaceutical Industries, Ltd., Alphapharm Pty. Ltd., Mylan, Inc., And Mylan Pharmaceuticals, Inc., Defendants, and Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 26, 2013.

Attorney(s) appearing for the Case

Joseph M. O'Malley, Jr. , Paul Hastings LLP, of New York, NY, argued for plaintiff-appellant. With him on the brief were Bruce M. Wexler , Eric W. Dittmann , David M. Conca , Isaac S. Ashkenazi , and Jason T. Christiansen. Of counsel on the brief was Stephen B. Kinnaird , of Washington, DC.

Stuart D. Sender , Budd Larner, P.C., of Short Hills, New Jersey, Argued for defendants-appellees. With him on the brief were Bruce D. Radin , Alan H. Pollack , Frank D. Rodriguez , and Ellen T. Lowenthal.

Before LOURIE, SCHALL, and REYNA, Circuit Judges.

LOURIE, Circuit Judge.

Sunovion Pharmaceuticals, Inc. ("Sunovion") appeals from the decision of the United States District Court for the District of New Jersey granting summary judgment that Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc. (collectively "Reddy") do not infringe claims 1, 2, and 8 of Sunovion's U.S. Patent 6,444,673 (the "'673 patent"). Sunovion Pharm., Inc. v. Teva Pharm. USA, Inc., No. 09-1302, 2013 WL 211289 (D.N.J. Jan....

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