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ANTARES PHARMA, INC. v. MEDAC PHARMA INC.

No. 2014-1648.

771 F.3d 1354 (2014)

ANTARES PHARMA, INC., Plaintiff-Appellant, v. MEDAC PHARMA INC. and Medac GmbH, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

November 17, 2014.

Attorney(s) appearing for the Case

Imron T. Aly , Schiff Hardin LLP, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Richard J. Hoskins and Sailesh K. Patel. Of counsel was Joel M. Wallace.

Christopher J. Harnett , Ropes & Gray LLP, of New York, NY, argued for defendants-appellees. With him on the brief were James F. Haley, Jr. , Ching-Lee Fukuda and Hassen A. Sayeed.

Before DYK, REYNA, and TARANTO, Circuit Judges.

DYK, Circuit Judge.

Plaintiff-Appellant Antares Pharma, Inc. ("Antares") appeals from a decision of the United States District Court for the District of Delaware denying Antares' motion for preliminary injunction. Antares seeks to enjoin alleged infringement of claims 31, 34, 35, and 37 of a reissue patent, RE44,846 ("the '846 patent"). Because we hold that these reissue claims are invalid for failure to comply with the "original patent" requirement of 35 U.S.C. ...

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