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SHIRE DEVELOPMENT, LLC v. WATSON PHARMACEUTICALS

No. 2013-1409.

746 F.3d 1326 (2014)

SHIRE DEVELOPMENT, LLC, Shire Pharmaceutical Development, Inc., Cosmo Technologies Limited, and Giuliani International Limited, Plaintiffs-Appellees, v. WATSON PHARMACEUTICALS, INC. (now known as Actavis, Inc.), Watson Laboratories, Inc. Florida, Watson Pharma, Inc. (now known as Actavis Pharma, Inc.), and Watson Laboratories, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

March 28, 2014.

Attorney(s) appearing for the Case

Edgar H. Haug , Frommer Lawrence & Haug, LLP, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Jason A. Lief , Andrew S. Wasson , Nicholas F. Giove , Elizabeth Murphy , and Jonathan A. Herstoff.

Steven A. Maddox , Knobbe, Martens, Olson & Bear, LLP, of Washington, DC, argued for defendants-appellants. With him on the brief were Jonathan E. Bachand and Neil M. McCarthy. Of counsel was Kristin Marie Cooklin , Crowell & Moring, LLP, of Washington, DC.

Before RADER, Chief Judge, PROST and HUGHES, Circuit Judges.

HUGHES, Circuit Judge.

The plaintiffs-appellees (collectively, Shire) own U.S. Patent No. 6,773,720, which claims a controlled-release oral pharmaceutical composition for treating inflammatory bowel diseases. Shire markets these oral pharmaceutical compositions under the brand name LIALDA®. After the defendants-appellants (collectively, Watson) submitted an Abbreviated New Drug Application (ANDA) seeking approval to sell the bioequivalent of LIALDA®, Shire...

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