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United States Federal Circuit


NOVARTIS PHARMS. CORP. v. EON LABS MFG., INC., 03-1211, 03-1260

Summary judgment of non-infringement is affirmed in a case concerning a patented formulation for administering cyclosporin as a hydrosol. "Hydrosol" as it appears in plaintiff-s patent claims is limited to medicinal products prepared outside of the body.

Appellate Information

  • Decided 04/02/2004
  • Published 04/02/2004

Judges

  • DYK, Circuit Judge., Before CLEVENGER, DYK and PROST, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Robert L. Baechtold,Fitzpatrick Cella Harper & Scinto, of New York, NY, argued for plaintiffs-appellants.   With him on the brief were Nicholas N. Kallas, Brian V. Slater, and Stevan J. Bosses.

  • For Appellees:
  • Martin B. Pavane, Cohen, Pontani, Lieberman & Pavane, of New York, NY, argued for defendant-appellee.   With him on the brief were William A. Alper and Mindy H. Chettih.
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