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IMPAX LABORATORIES v. AVENTIS PHARMACEUTICALS

Civil Action No. 02-581-JJF.

496 F.Supp.2d 428 (2007)

IMPAX LABORATORIES, INC., Plaintiff and Counterdefendant, v. AVENTIS PHARMACEUTICALS INC., Defendant and Counterclaimant.

United States District Court, D. Delaware.

July 19, 2007.

Attorney(s) appearing for the Case

Philip J. McCabe, Esquire of Kenyon & Kenyon LLP, San Jose, CA, C. Kyle Musgrove, Esquire; Michael M. Shen, Esquire and Aimee N. Soucie, Esquire of Kenyon & Kenyon LLP, Washington, D.C., Mary B. Matterer, Esquire of Morris James LLP, Wilmington, DE, Attorneys for Plaintiff and Counterdefendant, Impax Laboratories, Inc.

Joseph P. Kirk, Esquire of Aventis Pharmaceuticals Inc., Bridgewater, NJ, Paul H. Berghoff, Esquire; Curt J. Whitenack, Esquire; James C. Gumina, Esquire; Jeremy E. Noe, Esquire and Paul S. Tully, Esquire of McDonnell Boehnen Hulbert & Berghoff, Chicago, IL, Jeffrey B. Bove, Esquire of Connolly Bove Lodge & Hutz, Wilmington, DE, Attorneys for Defendant and Counterclaimant, Aventis Pharmaceuticals Inc.

MEMORANDUM OPINION

FARNAN, District Judge.

This action was remanded by the Court of Appeals for the Federal Circuit for a determination of whether U.S. Paten: No. 5,236,940 (the "'940 patent") is enabled, and if so, whether U.S. Patent Mo. 5,527,814 (the "'814 patent") is invalid as anticipated. The Court requested, and the parties filed, supplemental briefing on the remanded issues. For the reasons discussed, the Court concludes that the '940 patent...

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