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EAGLE PHARMACEUTICALS INC. v. SLAYBACK PHARMA LLC

2019-1924.

958 F.3d 1171 (2020)

EAGLE PHARMACEUTICALS INC., Plaintiff-Appellant, v. SLAYBACK PHARMA LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 8, 2020.

Attorney(s) appearing for the Case

Daniel Brown , Latham & Watkins LLP, New York, NY, argued for plaintiff-appellant. Also represented by Kenneth G. Schuler , Marc Nathan Zubick , Chicago, IL; Gregory Sobolski , San Francisco, CA; Gabriel Bell , Washington, DC.

Constance Huttner , Windels Marx Lane & Mittendorf LLP, Madison, NJ, argued for defendant-appellee. Also represented by James Barabas , Beth C. Finkelstein , Andrew J. Miller , Windels Marx Lane & Mittendorf LLP, Madison, NJ.

Before O'Malley, Reyna, and Chen, Circuit Judges.

Eagle Pharmaceuticals appeals a district court judgment of non-infringement on the pleadings. Eagle sued Slayback Pharma LLC for infringing four patents covering Eagle's brand name bendamustine pharmaceutical product. Eagle argues that the district court committed two errors when it concluded that the dedication-disclosure...

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