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APOTEX INC. v. UCB, INC.

No. 2013-1674.

763 F.3d 1354 (2014)

APOTEX INC., a Canadian Corporation, and Apotex Corp., a Delaware Corporation, Plaintiffs-Appellants, v. UCB, INC., a Delaware Corporation, and Kremers Urban Pharmaceuticals, Inc., a Delaware Corporation, Defendants-Appellees, and Schwarz Pharma, INC., a Delaware Corporation, Paddock Laboratories, Lle, and Perrigo Company, Defendants.

United States Court of Appeals, Federal Circuit.

August 15, 2014.

Attorney(s) appearing for the Case

Robert B. Breisblatt , Katten Muchin Rosenman LLP, of Chicago, IL, argued for plaintiffs-appellants.

With him on the brief were Eric C. Cohen , Craig M. Kuchii , and Martin S. Masar III ; and Howard R. Rubin and Christopher D. Jackson , of Washington, DC.

Adam Gahtan , White & Case LLP, of New York, N.Y., argued for defendants-appellees. With him on the brief were Dimitrios T. Drivas , Christopher J. Glancy , Amit H. Thakore , And Laura T. Moran.

Before REYNA, WALLACH, and HUGHES, Circuit Judges.

REYNA, Circuit Judge.

Apotex Inc. and Apotex Corp. (collectively, "Apotex") appeal the decision of the United States District Court for the Southern District of Florida finding that: (1) Apotex's U.S. Patent No. 6,767,556 ("the '556 patent") is unenforceable due to inequitable conduct; (2) Apotex is judicially estopped from alleging infringement of the '556 patent by the accused products; (3) the asserted claims are indefinite; (4) Apotex disclaimed coverage of the...

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