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SMITHKLINE BEECHAM CORP. v. APOTEX CORP.

Nos. 03-1285, 03-1313.

403 F.3d 1331 (2005)

SMITHKLINE BEECHAM CORPORATION and Beecham Group, P.L.C., Plaintiffs-Appellants, v. APOTEX CORP., Apotex, Inc., and TorPharm, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

DECIDED: April 8, 2005.

Attorney(s) appearing for the Case

Ford F. Farabow, Jr., Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Robert D. Bajefsky, Howard W. Levine, Scott J. Popma, Jennifer S. Swan, Aaron M. Raphael.

Deanne M. Mazzochi, Lord, Bissell & Brook, of Chicago, Illinois, argued for defendants-cross-appellants. With her on the brief were Hugh L. Moore, Keith D. Parr, Hugh S. Balsam, and Kevin M. Nelson. Of counsel were Paul J. Molino, Scott B. Feder, and William A. Rakoczy.

Before RADER, BRYSON, and GAJARSA, Circuit Judges.

Opinion for the court filed by Circuit Judge RADER. Concurring opinion filed by Circuit Judge GAJARSA.

RADER, Circuit Judge.

Following a bench trial, the United States District Court for the Northern District of Illinois determined that the generic paroxetine hydrochloride anhydrate product to be produced by Apotex Corp., Apotex, Inc., and TorPharm, Inc. (collectively Apotex) will not infringe claim 1 of U.S. Patent...

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