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NALPROPION PHARMACEUTICALS v. ACTAVIS LABORATORIES

2018-1221.

934 F.3d 1344 (2019)

NALPROPION PHARMACEUTICALS, INC., Plaintiff-Appellee v. ACTAVIS LABORATORIES FL, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 15, 2019.

Attorney(s) appearing for the Case

Dominick A. Conde , Venable LLP, New York, NY, argued for plaintiff-appellee. Also represented by Christopher P. Borello , Joshua Daniel Calabro , Zachary Garrett , Brendan M. O'malley .

Jonathan D. Ball , Greenberg Traurig LLP, New York, NY, argued for defendant-appellant. Also represented by Scott Joseph Bornstein , Justin Albano MacLean , Richard Charles Pettus .

Opinion dissenting in part filed by Chief Judge Prost.

Actavis Laboratories FL, Inc. ("Actavis") appeals from the judgment of the U.S. District Court for the District of Delaware that (1) its proposed naltrexone hydrochloride and bupropion hydrochloride extended-release tablets, which are the subject of Abbreviated New Drug Application No. 208043 (the "ANDA product"), would infringe...

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