Apotex Inc. v. Cephalon, Inc.

N OTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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APOTEX INC.,
Plaintiff-Appellee,
v.
CEPHALON, INC.,
Defendant-Appellant,
AND
BARR LABORATORIES, INC., MYLAN
LABORATORIES, INC., TEVA PHARMACEUTICAL
INDUSTRIES, LTD., TEVA PHARMACEUTICALS
USA, INC., RANBAXY LABORATORIES, LTD., AND
RANBAXY PHARMACEUTICALS, INC.,
Defendants.
______________________
2012-1417
______________________
Appeal from the United States District Court for the
Eastern District of Pennsylvania in No. 06-CV-2768,
Judge Mitchell S. Goldberg.
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Decided: April 8, 2013
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APOTEX , INC. v. CEPHALON, INC. 2
ROBERT B. BREISBLATT , Katten Muchin Rosenman,
LLP, of Chicago, Illinois, argued for plaintiff-appellee.
With him on the brief were BRIAN J. SODIKOFF , MARTIN S.
MASAR, III and CHRISTINE E. BESTOR; HOWARD R. RUBIN
and CHRISTOPHER D. J ACKSON, of Washington, DC.
WILLIAM F. L EE , Wilmer Cutler Pickering Hale and
Dorr, LLP, of Boston, Massachusetts, argued for defend-
ant-appellant. With him on the brief were MARK C.
F LEMING, G REGORY P. T ERAN, D ANIEL M. ESRICK, and
ANDREW J. D ANFORD; WILLIAM G. MCELWAIN, and
CAROLYN J ACOBS CHACHKIN, of Washington, DC; ROBERT
J. G UNTHER, J R. and O MAR K HAN, of New York, New York.
______________________
Before RADER, Chief Judge, L OURIE, and O'MALLEY ,
Circuit Judges.
P ER CURIAM .
We affirm the trial court’s judgments of invalidity and
unenforceability with respect to Cephalon, Inc.’s (“Cepha-
lon”) U.S. Reissue Patent No. 37,516. We do so with the
understanding that the court’s inequitable conduct find-
ing was based on the conduct of Dr. Peter Grebow and Mr.
Richard Burgoon, while acting within the course and
scope of their employment or as officers and/or employees
of Cephalon. No pleading asserted that Mr. Paul T. Clark
committed inequitable conduct, and we do not read the
opinion below as finding that he personally committed
inequitable conduct.
AFFIRMED

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