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GILEAD SCIENCES, INC. v. NATCO PHARMA LTD.

No. 2013-1418.

753 F.3d 1208 (2014)

GILEAD SCIENCES, INC., Hoffmann-La Roche, Inc., F. Hoffmann-La Roche, Ltd., and Genentech, Inc., Plaintiffs-Appellees, v. NATCO PHARMA LIMITED and Natco Pharma, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

April 22, 2014.

Attorney(s) appearing for the Case

Leora Ben-Ami , Kirkland & Ellis LLP, of New York, NY, argued for plaintiffs-appellees. With her on the brief were Patricia A. Carson and Benjamin A. Lasky.

Jeremy C. Lowe , Axinn, Veltrop & Harkrider LLP, of Hartford, Connecticut, argued for defendants-appellants. With him on the brief was Thomas K. Hedemann.

Opinion for the court filed by Circuit Judge CHEN. Dissenting opinion filed by Chief Judge RADER.

CHEN, Circuit Judge.

Gilead Sciences, Inc. ("Gilead") owns United States Patent Nos. 5,763,483 and 5,952,375, which are directed to antiviral compounds and methods for their use. While the patents list the same inventors and the written descriptions disclose similar content, they do not claim priority to a common patent application and have different expiration dates. Gilead sued Natco Pharma Limited ("Natco") for infringement of the '483 patent after Natco filed...

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