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PAR PHARMACEUTICAL v. TWI PHARMACEUTICALS, INC.

No. 2014-1391.

773 F.3d 1186 (2014)

PAR PHARMACEUTICAL, INC., and Alkermes Pharma Ireland Limited, Plaintiffs-Appellants, v. TWI PHARMACEUTICALS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 3, 2014.

Attorney(s) appearing for the Case

Daniel G. Brown , Latham & Watkins LLP, of New York, NY, argued for plaintiffs-appellants. On the brief for Par Pharmaceutical, Inc. were Gregory G. Garre , Jonathan Y. Ellis And Jennifer M. Halbleib , of Washington, DC, and Roger J. Chin and Gregory K. Sobolski , of San Francisco, CA. On the brief for Alkermes Pharma Ireland Limited were Maryellen Noreika , Jack B. Blumenfeld and Jeremy A. Tigan , Morris Nichols , Arsht & Tunnell LLP, of Wilmington, DE. On the brief for both plaintiffs-appellants was James Patrick Ulwick , Kramon and Graham, P.A., of Baltimore, MD.

Don J. Mizerk , Husch Blackwell LLP, of Chicago, IL, argued for defendant-appellee. With him on the Brief were Steven E. Feldman , Daniel R. Cherry , and John A. Sholar, Jr.

Before O'MALLEY, WALLACH, and HUGHES, Circuit Judges.

This patent case involves methods of use of nanosized formulations of the drug megestrol acetate ("megestrol"). After a bench trial, the U.S. District Court for the District of Maryland found the asserted claims of U.S. Patent No. 7,101,576 ("'576 patent") invalid as obvious. We vacate the district court's judgment of invalidity...

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