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INTENDIS GMBH v. GLENMARK PHARMS INC., USA

No. 2015-1902.

822 F.3d 1355 (2016)

INTENDIS GMBH, Intraserv GmbH & Co. KG, Bayer Healthcare Pharmaceuticals Inc., Plaintiffs-Appellees v. GLENMARK PHARMACEUTICALS INC., USA, Glenmark Pharmaceuticals Ltd., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

May 16, 2016.

Attorney(s) appearing for the Case

Bradford J. Badke , Sidley Austin LLP, New York, NY, argued for plaintiffs-appellees. Also represented by Sona De.

William M. Jay , Goodwin Procter LLP, Washington, DC, argued for defendants-appellants. Also represented by Brian Timothy Burgess ; Elizabeth Holland , Linnea P. Cipriano , Huiya Wu , New York, NY; David Zimmer , San Francisco, CA.

Before PROST, Chief Judge, MOORE and TARANTO, Circuit Judges.

This case arises under the Hatch-Waxman Act,1 and involves Glenmark Pharmaceuticals Ltd. and Glenmark Pharmaceuticals Inc., USA's (collectively, "Glenmark")2 proposed generic version of Finacea® Gel, a topical medication for various skin disorders. Glenmark appeals...

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