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SANOFI-AVENTIS GMBH v. GLENMARK PHARMACEUTICALS

No. 2012-1489.

748 F.3d 1354 (2014)

SANOFI-AVENTIS DEUTSCHLAND GMBH and Aventis Pharma S.A., Plaintiffs-Appellees, and Abbott GMBH & Co. KG, and Abbott Laboratories, Plaintiffs-Appellees, v. GLENMARK PHARMACEUTICALS INC., USA (now known as Glenmark Generics., Inc., USA) and Glenmark Pharmaceuticals Ltd., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

April 21, 2014.

Attorney(s) appearing for the Case

John Allcock , DLA Piper LLP, (US) of San Diego, CA, argued for all plaintiffs-appellees. With him on the brief were Stuart E. Pollack and Stanley J. Panikowski , for Abbott GmbH & Co. Kg, et al. and Benjamin C. Hsing and Sapna W. Palla , Kaye Scholer, LLP, of New York, New York, for Sanofi-aventis Deutschland GmbH, et al.

James Galbraith , Kenyon & Kenyon LLP, of New York, NY, argued for defendants-appellants. With him on the brief were Huiya Wu , Lee B. Shelton and Michael S. Chang.

Before NEWMAN, LINN, and WALLACH, Circuit Judges.

NEWMAN, Circuit Judge.

This patent infringement suit concerns the antihypertension drug having the brand name Tarka®. Tarka® is a combination of two active ingredients into a single dosage product: the angiotensin converting enzyme (ACE) inhibitor trandolapril, and the calcium channel blocker (also called "calcium antagonist") verapamil hydrochloride. The combination drug is covered by United States Patent No. 5,721,244 (the '244 patent) and is owned by...

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