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SENJU PHARMACEUTICAL CO., LTD. v. APOTEX INC.

No. 2013-1027.

746 F.3d 1344 (2014)

SENJU PHARMACEUTICAL CO., LTD., Kyorin Pharmaceutical Co., Ltd., and Allergan, Inc., Plaintiffs-Appellants, v. APOTEX INC. and Apotex Corp., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 31, 2014.

Attorney(s) appearing for the Case

Richard D. Kelly, Oblon, Spivak, McClelland, Maier, & Neustadt, L.L.P., of Alexandria, VA, argued for plaintiffs-appellants. With him on the brief were Stephen G. Baxter, Frank J. West, and Tia D. Fenton.

Hugh S. Balsam, Locke Lord LLP, of Chicago, IL, argued for defendants-appellees. With him on the brief were Scott B. Feder, David B. Abramowitz, Patrick C. Gallagher, of Chicago, IL, and Alan B. Clement, of New York, NY.

Opinion for the court filed by Circuit Judge PLAGER. Dissenting opinion filed by Circuit Judge O'MALLEY.

PLAGER, Circuit Judge.

This is a patent case calling on us to consider the application of claim preclusion doctrine (res judicata) to a second suit on the same patent based on amended claims resulting from a re-examination of the patent. Plaintiffs-Appellants Senju Pharmaceutical Co., Ltd., Kyorin Pharmaceutical Co., Ltd., and Allergan, Inc. (collectively referred to as "Senju") filed suit in the United States District Court for the District of Delaware against Defendants...

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