Civil Action Nos. 09-11130-RGS, 10-111429-RGS.

742 F.Supp.2d 158 (2010)

FRESENIUS MEDICAL CARE HOLDINGS, INC. v. PADDOCK LABORATORIES, INC. Fresenius Medical Care Holdings, Inc. v. Amneal Pharmaceuticals, LLC.

United States District Court, D. Massachusetts.

October 6, 2010.

Attorney(s) appearing for the Case

Sarah E. Cooleybeck , Stephen B. Deutsch , James M. Flaherty, Jr. , Foley Hoag LLP, Boston, MA, for Plaintiff.

Angus Chen , Edgar H. Haug , Frommer Lawrence & Haug, LLP, New York, NY, Christopher F. Gosselin , Elizabeth A. Leff , Frommer Lawrence & Haug, Washington, DC, Howard J. Susser , Victoria L. Walton , Burns & Levinson, Boston, MA, for Defendant.

Edward J. Naughton , Benjamin M. Welch , Brown Rudnick LLP, Boston, MA, for Movant.


STEARNS, District Judge.

The two patents-in-suit are directed to medicinal capsules that are used to treat patients with chronic renal failure. The first patent, U.S. Patent No. 6,576,665 (filed Apr. 3, 2001) ('665 patent), entitled "Encapsulated calcium acetate caplet and a method for inhibiting gastrointestinal phosphorous absorption," was issued on June 10, 2003. The second patent in suit, U.S. Patent...

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