PFIZER V MYLAN LABORATORIES, No. 07-1194 (Fed. Cir. 2007)

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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit 2007-1194 PFIZER INC., Plaintiff-Appellee, v. MYLAN LABORATORIES, INC. and MYLAN PHARMACEUTICALS, INC., Defendants-Appellants. ON MOTION Before SCHALL, GAJARSA, and LINN, Circuit Judges. LINN, Circuit Judge. ORDER Mylan Laboratories, Inc. and Mylan Pharmaceuticals, Inc. (Mylan) move for summary reversal of the judgment and amended judgment of the United States District Court for the Western District of Pennsylvania. Pfizer Inc. opposes. On March 22, 2007, in Pfizer, Inc. v. Apotex, Inc., 480 F.3d 1348 (Fed. Cir. 2007), this court held that the asserted claims of Pfizer's patent are invalid. On May 21, 2007, this court denied Pfizer's petition for rehearing en banc in that case and the mandate issued. Upon consideration thereof, IT IS ORDERED THAT: (1) Mylan's motion for summary reversal is granted. judgment and amended judgment are reversed. The district court's (2) Each side shall bear its own costs. FOR THE COURT June 5, 2007 Date cc: /s/ Richard Linn Richard Linn Circuit Judge Richard G. Greco, Esq. David J. Harth, Esq. s8 ISSUED AS A MANDATE: 2007-1194 June 5, 2007 -2-

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