Ferring B.V. (“Ferring”) and Aventis Pharmaceuticals, Inc. (“Aventis”) brought suit against Barr Laboratories, Inc. (“Barr”) for infringement of Ferring’s patent, U.S. Patent No. 5,407,398 (filed Dec. 17, 1985) (“‘398 patent”). Barr moved for summary judgment, arguing that the ‘398 patent was unenforceable due to inequitable conduct and, alternatively, that Barr did not infringe the ‘398 patent. The district court granted summary judgment on both grounds. We affirm the district court’s grant of summary judgment on the ground that the patent is unenforceable due to inequitable conduct, and we do not reach the issue of infringement.
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