Senju Pharmaceutical Co. v. Apotex Inc., No. 13-1027 (Fed. Cir. Mar. 31, 2014)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This is a patent case calling on us to consider the ap- plication of claim preclusion doctrine (res judicata ) to a second suit on the same patent based on a mended claims resulting from a re-examination of the patent. Plaintiffs- Appellants Senju Pharmaceutical Co., Ltd., Kyorin Phar- maceutical Co., Ltd., and Allergan, Inc. (collectively referred to as “Senju”) filed suit in the United States District Court for the District of Delaware against De- fendants-Appellees Apotex Inc. and Apotex Corp. (“Apo- tex”).