Abbott Laboratories v. Andrx Pharmaceuticals, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge PROST.
Dissenting opinion filed by Circuit Judge NEWMAN.
PROST, Circuit Judge.
Abbott Laboratories (“Abbott”) brought suit against Teva Pharmaceuticals USA, Inc. (“Teva”) alleging infringement of its patents relating to extended release formulations of clarithromycin. Abbott moved for a preliminary injunction against Teva on the grounds that Teva was infringing claims 2, 4, and 6 of U.S. Patent No. 6,010,718 (“ ’718 patent”) and claim 2 of U.S. Patent No. 6,551,616 (“ ’616 patent”). Teva resisted the motion primarily by arguing that substantial…
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