In this decision the United States Court of Appeals for the Federal Circuit ruled that the generic paroxetine hydrochloride anhydrate product which Apotex Corp., Apotex Inc., and TorPharm, Inc. (hereinafter collectively: Apotex) intended to produce would infringe upon claim 1 of U.S. Patent No. 4,721,723 held by SmithKline Beecham Corporation. However, it found claim 1 to be invalid as anticipated under 35 U.S.C. §102(b) (exceptions to novelty).