Court of Appeals for the Federal Circuit May 21, 2007, 2006-1261 (Pfizer v. Apotex (Formerly Known as Torpharm))

RADER, Circuit Judge,

dissenting from the denial of rehearing en banc.

I respectfully dissent from the decision to deny rehearing.

In this case, the trial court made the factual determination that the besylate salt form of amlodipine had unexpected superi- or properties over the closest prior art. Accordingly, the underlying patent (’303) was valid and nonobvious.