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GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA

2018-1976, 2018-2023.

976 F.3d 1347 (2020)

GLAXOSMITHKLINE LLC, SmithKline Beecham (Cork) Limited, Plaintiffs-Appellants v. TEVA PHARMACEUTICALS USA, INC., Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: October 2, 2020.

Attorney(s) appearing for the Case

Juanita Rose Brooks , Fish & Richardson, PC, San Diego, CA, argued for plaintiffs-appellants. Also represented by Michael Ari Amon , Craig E. Countryman , Jonathan Elliot Singer ; Elizabeth M. Flanagan , Michael J. Kane , William Woodford , Minneapolis, MN; Douglas E. McCann , Wilmington, DE.

William M. Jay , Goodwin Procter LLP, Washington, DC, argued for defendant-cross-appellant. Also represented by Jaime Ann Santos ; Elaine Blais , J. Anthony Downs , Robert Frederickson, III , Christopher T. Holding , Alexandra Lu , Lana S. Shiferman , Daryl L. Wiesen , Boston, MA; Ira J. Levy , New York, NY.

Hansjorg Sauer , Biotechnology Innovation Organization, Washington, DC, for amicus curiae Biotechnology Innovation Organization. Also represented by Melissa A. Brand ; Brian Paul Barrett , Eli Lilly and Company, Indianapolis, IN.

Michael N. Kennedy , Covington & Burling LLP, Washington, DC, for amicus curiae Pharmaceutical Research and Manufacturers of America. Also represented by Steven John Winkelman ; David Evan Korn , Pharmaceutical Research and Manufacturers Association of America, Washington, DC.

Andrew Curtis Nichols , Winston & Strawn LLP, Washington, DC, for amicus curiae Association for Accessible Medicines. Also represented by George C. Lombardi , Kurt A. Mathas , Chicago, IL; Jeffrey Francer , The Association for Accessible Medicines, Washington, DC.

Dissenting opinion filed by Chief Judge Prost.

GlaxoSmithKline LLC and SmithKline Beecham (Cork) Ltd. (collectively, "GSK") charged Teva Pharmaceuticals USA, Inc. with infringement of GSK's Reissue Patent No. RE40,000 ("the '000 patent"). Trial was held in the United States District Court for the District of Delaware; the jury found the patent valid and infringed, and...

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