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INSITE VISION INC. v. SANDOZ, INC.

No. 2014-1065.

783 F.3d 853 (2015)

INSITE VISION INCORPORATED, Inspire Pharmaceuticals, Inc., Pfizer Inc., Plaintiffs-Appellees v. SANDOZ, INC., Defendant-Appellant Sandoz GmbH, Sandoz Industrial Products S.A., Defendants.

United States Court of Appeals, Federal Circuit.

April 9, 2015.

Attorney(s) appearing for the Case

Dominick A. Conde, Fitzpatrick, Cella, Harper & Scinto, New York, N.Y., argued for plaintiffs-appellees. Also represented by David E. De Lorenzi, Gibbons P.C., Newark, NJ. Plaintiffs-appellees Inspire Pharmaceuticals, Inc., Pfizer Inc. also represented by Margaret A. Scoolidge, Fitzpatrick, Cella, Harper & Scinto, New York, N.Y.; Dennis C. Aeling, Costa Mesa, CA.

Brian Robert Matsui, Morrison & Foerster LLP, Washington, DC, argued for defendant-appellant. Also represented by Deanne E. Maynard;   David Clarence Doyle,   James Webb Huston,   Mark Andrew Woodmansee, San Diego, CA; Matthew D'Amore, New York, N.Y.

Before PROST, Chief Judge, NEWMAN and LINN, Circuit Judges.

In this Hatch-Waxman Act litigation, Sandoz, Inc. ("Sandoz") appeals the district court's decision in InSite Vision, Inc. v. Sandoz, Inc., No. 11-3080, 2013 WL 5975015 (D.N.J. Oct. 4, 2013), which held that Sandoz had not shown that the claims of U.S. Patents No. 6,861,411 (the "'411 patent"); No. 6,239,113 (the "'113...

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