Legal Opinion

Syntex (u.s.a.) LLC and Allergan, Inc. v. Apotex, Inc., Apotex Corp., and Novex Pharma

Court of Appeals for the Federal Circuit

Decided June 13, 2005No. 04-1252PublishedCited by 47 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge GAJARSA.

Concurring opinion filed by Circuit Judge PROST.

GAJARSA, Circuit Judge.

Apotex, Inc., Apotex Corp. and Novex Pharma (collectively “Apotex”) appeal from the final judgment of the United States District Court for the Northern District of California, which, after a bench trial, held U.S. Patent No. 5,110,493 (the “ ’493 patent”) owned by Syntex (U.S.A.) LLC not invalid, enforceable, and infringed by Apotex’s Abbreviated New Drug Application (“ANDA”). Allergan, Inc., Syntex’s distributor, has exclusive rights to manufacture the commercial…

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  3. Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998
  4. Kingsdown Medical Consultants, Ltd. And E.R. Squibb & Sons, Inc. v. Hollister IncorporatedCourt of Appeals for the Federal Circuit · 1988
  5. Molins Plc, and John Coventry Smith, Jr. v. Textron, Inc., Kearney & Trecker Corporation, and Avco CorporationCourt of Appeals for the Federal Circuit · 1995

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3Cited by47 opinions

  1. Pfizer, Inc. v. Teva Pharmaceuticals Usa, Inc.Court of Appeals for the Federal Circuit · 2005
  2. Southern California Federal Savings & Loan Assoc. v. United StatesCourt of Appeals for the Federal Circuit · 2005
  3. Ferring B v. & Aventis Pharmaceuticals, Inc. v. Barr Laboratories, Inc.Court of Appeals for the Federal Circuit · 2006
  4. Allergan, Inc. v. Apotex Inc.Court of Appeals for the Federal Circuit · 2014
  5. Santarus, Inc. v. Par Pharmaceutical, Inc.Court of Appeals for the Federal Circuit · 2012

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