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CUMBERLAND PHARM. v. MYLAN INST.

2016-1155, 2016-1259.

846 F.3d 1213 (2017)

CUMBERLAND PHARMACEUTICALS INC., Plaintiff-Appellee v. MYLAN INSTITUTIONAL LLC, Mylan Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: January 26, 2017.

Attorney(s) appearing for the Case

LAURA POLLARD MASUROVSKY , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for plaintiff-appellee. Also represented by DANIELLE ANDREA DUSZCZYSZYN , MARK J. FELDSTEIN , JASON LEE ROMRELL.

NICOLE W. STAFFORD , Wilson, Sonsini, Goodrich & Rosati, PC, Austin, TX, argued for defendants-appellants. Also represented by ROBERT DELAFIELD ; ADAM WILLIAM BURROWBRIDGE , Washington, DC; ELHAM FIROUZI STEINER , San Diego, CA; NANCY L. ZHANG , Palo Alto, CA.

Before Moore, Reyna, and Taranto, Circuit Judges.

Cumberland Pharmaceuticals, Inc. owns U.S. Patent No. 8,399,445, which describes and claims acetylcysteine compositions substantially free of chelating agents. It is listed in the Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations (the Orange Book) as covering Cumberland...

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