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IN RE OMEPRAZOLE PATENT LITIGATION

Nos. 2007-1414, 2007-1416, 2007-1458, 2007-1459.

536 F.3d 1361 (2008)

In re OMEPRAZOLE PATENT LITIGATION Astrazeneca AB, Aktiebolaget Hassle, KBI-E, Inc., KBI, Inc., and Astrazeneca LP, Plaintiffs-Appellees, v. Apotex Corp., Apotex, Inc., and Torpharm, Inc., Defendants-Appellants, and Impax Laboratories, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 20, 2008.

Attorney(s) appearing for the Case

Errol B. Taylor, Milbank, Tweed, Hadley & McCloy, LLP, of New York, NY, argued for plaintiffs-appellees. Of counsel were Fredrick M. Zullow, John M. Griem, Jr., Lawrence T. Kass, David C. Haber, Claire A. Gilmartin, and Emily J. Kunz.

Robert B. Breisblatt, Katten Muchin Rosenmann LLP, of Chicago, IL, argued for defendants-appellants Apotex Corp., et al. With him on the brief were Robert S. Silver, Bruce J. Chasan, Allan H. Fried, William C. Youngblood, and Marc B. Bassler, Caesar, Rivise, Bernstein, Cohen & Pokotilow, Ltd., of Philadelphia, PA.

Jeffrey J. Toney, Sutherland Asbill & Brennan LLP, of Atlanta, GA, argued for defendant-appellant Impax Laboratories, Inc. With him on the brief were John L. North, N.E.B. Minnear, Jackie L. Toney, and Kristin M. Timm, of Atlanta, GA, and Blair M. Jacobs, of Washington, DC. Of counsel was Leslie S. Thomasson.

Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

BRYSON, Circuit Judge.

Apotex Corp., Apotex, Inc., and Torpharm, Inc., (collectively, "Apotex") and Impax Laboratories, Inc., appeal judgments entered against them by the United States District Court for the Southern District of New York. Apotex and Impax were defendants in a multidistrict litigation initiated by plaintiffs Astrazeneca AB, Aktiebolaget Hassle, KBI-E, Inc., KBI, Inc., and Astrazeneca LP (collectively, "Astra") against a number of generic drug manufacturers...

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