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Apotex, Inc v. Cephalon

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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