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POZEN INC. v. PAR PHARMACEUTICAL, INC.

Nos. 2011-1584, 2011-1585, 2011-1586.

696 F.3d 1151 (2012)

POZEN INC., Plaintiff-Appellee, v. PAR PHARMACEUTICAL, INC., Defendant-Appellant, and Dr. Reddy's Laboratories, Inc., Defendant-Appellant, and Alphapharm Pty Ltd., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 28, 2012.

Attorney(s) appearing for the Case

Stephen M. Hash, Vinson & Elkins LLP, of Austin, TX, argued for plaintiff-appellee. With him on the brief were Tracey B. Davies, Willem G. Schuurman and Jennifer Librach Nall; and Stephanie Lollo Donahue and Rebecca J. Cantor, of New York, NY.

Richard J. Berman, Arent Fox LLP, of Washington, DC, argued for defendant-appellants Par Pharmaceutical, Inc. and Alphapharm Pty., Ltd. Of counsel on the brief was Thomas J. Parker, Alston & Bird, LLP, of New York, NY. Of counsel for Par Pharmaceutical, Inc. were Taniel Ermano Anderson, Timothy Bucknell, Aziz Burgy, Janine A. Carlan, Joshua T. Morris and Amy E. Ligler Schoenhard. Of counsel for Alphapharm Pty., Ltd., was Natalie C. Clayton, Alston & Bird, LLP, of New York, NY.

Paul H. Kochanski, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, NJ, argued for defendant-appellant, Dr. Reddy's Laboratories, Inc. With him on the brief were Michael H. Teschner and Roy H. Wepner.

Opinion for the court filed by Circuit Judge WALLACH. Dissenting-in-part opinion filed by Circuit Judge CLEVENGER.

WALLACH, Circuit Judge.

INTRODUCTION

Par Pharmaceutical, Inc. ("Par"), Alphapharm Pty Ltd. ("Alphapharm"), and Dr. Reddy's Laboratories, Inc. ("DRL") (collectively "Appellants") appeal from the final judgment of the United States District Court for the Eastern District of Texas. Following a bench trial, the district court determined that the asserted claims of U.S. Patent No. 6,060,499 (filed Sept. 11, 1998) (the "'499 patent"), U.S. Patent No. 6,586,458...

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