GLAXOSMITHKLINE LLC v. BANNER PHARMACAPS, INC.

Nos. 2013-1593, 2013-1598, 2013-1594, 2013-1595.

744 F.3d 725 (2014)

GLAXOSMITHKLINE LLC (formerly known as SmithKline Beecham Corporation), Plaintiff-Appellee, v. BANNER PHARMACAPS, INC. and Impax Laboratories, Inc., Defendants-Appellants, and Roxane Laboratories, Inc., Defendant-Appellant, and Mylan Inc. and Mylan Pharmaceuticals Inc., Defendants-Appellants, and Watson Laboratories, Inc. Florida, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 24, 2014.


Attorney(s) appearing for the Case

William F. Lee , Wilmer Cutler Pickering Hale and Dorr, LLP, of Boston, MA, argued for plaintiff-appellee. With him on the brief were Lisa J. Pirozzolo and Sarah R. Frazier , of Boston, MA; William G. McElwain , Thomas G. Saunders and Matthew Guarnieri , of Washington, DC; and Christopher R. Noyes , of New York, NY.

Deanne E. Maynard , Morrison & Foerster, LLP, of Washington, DC, argued for all defendants-appellants. With her on the brief for defendants-appellants Banner Pharmacaps, Inc., et al., were Marc A. Hearron , of Washington, DC and Parisa Jorjani , of San Francisco, CA. Of counsel on the brief were C. Kyle Musgrove and Michael M. Shen , Haynes and Boone, LLP, of Washington, DC. On the brief for Roxane Laboratories, Inc. were Kenneth G. Schuler and Marc N. Zubick , Latham & Watkins LLP, of Chicago, IL; and Darryll H. Steensma , of San Diego, CA. On the brief for Watson Laboratories, Inc. — Florida were Gary E. Hood and Mark T. Deming , Polsinelli, PC, of Chicago, IL. On the brief for Mylan Inc., et al. were James H. Wallace, Jr. , Mark A. Pacella , and Lucy M. Stark , Wiley Rein, LLP, of Washington, DC.

Before O'MALLEY, WALLACH, and TARANTO, Circuit Judges.


TARANTO, Circuit Judge.

Plaintiff GlaxoSmithKline LLC ("GSK") sued Banner Pharmacaps, Inc., Impax Laboratories, Inc., Roxane Laboratories, Inc., Mylan Inc., Mylan Pharmaceuticals, Inc., and Watson Laboratories, Inc. — Florida (collectively, "Defendants"). Invoking 35 U.S.C. § 271(e)(2), GSK alleged that drug products containing the molecule dutasteride that Defendants propose to market fall within claims of U.S. Patent No. 5,565,467, which covers dutasteride...

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