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Apotex, Inc v. Cephalon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


October 31, 2011

APOTEX, INC.,
PLAINTIFF,
v.
CEPHALON, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Mitchell S. Goldberg, J.

ORDER AND JUDGMENT

AND NOW, this 31st day of October, 2011, following a bench trial, and after careful review of the parties' briefs, for the reasons set out in the Memorandum Opinion filed this day, it is hereby ORDERED that:

1. Defendant Cephalon, Inc.'s "Motion for Judgment on Partial Findings" (Doc. No. 449) is DENIED;

2. United States Reissue Patent Number RE 37,516 is declared INVALID and UNENFORCEABLE.

3. Judgment is entered in favor of Plaintiff, Apotex, Inc., as to Counts I and II of the Second Amended Complaint (Doc. 195).

BY THE COURT:

Mitchell S. Goldberg

20111031

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