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PAR PHARMACEUTICAL, INC. v. EAGLE PHARMACEUTICALS

2021-2342.

44 F.4th 1379 (2022)

PAR PHARMACEUTICAL, INC., Par Sterile Products, LLC, Endo Par Innovation Company, LLC, Plaintiffs-Appellants v. EAGLE PHARMACEUTICALS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 18, 2022.

Attorney(s) appearing for the Case

Martin Jay Black , Dechert LLP, Philadelphia, PA, argued for plaintiffs-appellants. Also represented by Sharon K. Gagliardi , Brian Goldberg , Luke M. Reilly , Robert Rhoad , Daniel Roberts ; Jonathan Loeb , Mountain View, CA.

John C. O'Quinn , Kirkland & Ellis LLP, Washington, DC, argued for defendant-appellee. Also represented by William H. Burgess ; Bryan Scott Hales , Chicago, IL; Benjamin Adam Lasky , Jeanna Wacker , New York, NY.

Before Moore, Chief Judge, Prost and Hughes, Circuit Judges.

Par Pharmaceutical, Inc., Par Sterile Products, LLC, and Endo Par Innovation Company, LLC (collectively, Par) appeal a District of Delaware decision finding that Eagle Pharmaceuticals, Inc.'s abbreviated new drug application (ANDA) does not infringe any claim of U.S. Patent Nos. 9,744...

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