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MERCK & CIE v. WATSON LABORATORIES, INC.

Nos. 2015-2063, 2015-2064.

822 F.3d 1347 (2016)

MERCK & CIE, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Plaintiffs-Appellees v. WATSON LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 13, 2016.

Attorney(s) appearing for the Case

John Scott McBride , Bartlit Beck Herman Palenchar & Scott LLP, Chicago, IL, argued for plaintiffs-appellees. Also represented by Adam Mortara , Rebecca Horwitz , Faye Paul.

Steven Arthur Maddox , Maddox Edwards, PLLC, Washington, DC, argued for defendant-appellant. Also represented by Jeremy J. Edwards , Matthew C. Ruedy , Kaveh Saba.

Before DYK, MAYER, and HUGHES, Circuit Judges.

Watson Laboratories, Inc. ("Watson") appeals the final judgment of the United States District Court for the District of Delaware holding that claim 4 of U.S. Patent No. 6,441,168 (the "'168 patent") is not invalid under the on-sale bar of 35 U.S.C. § 102(b) (2006).1 See Merck & Cie v...

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