United States Federal Circuit
PURDUE PHARMA L.P. v. FAULDING INC., 99-1416, 99-1433
Patent claims are invalid where the claim covers an invention not specifically mentioned in the patent application, even though the patent is broad enough to cover the named invention.
Appellate Information
- Decided 10/25/2000
- Published 10/25/2000
Judges
- BRYSON, Circuit Judge., Before PLAGER, Circuit Judge, SMITH, Senior Circuit Judge, and BRYSON, Circuit Judge.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- S. Leslie Misrock and Victor N. Balancia, Pennie & Edmonds LLP, of New York, New York, argued for plaintiffs-appellants. With them on the brief was Todd A. Wagner, and Stanton T. Lawrence, III, Pennie & Edmonds LLP, of Washington, DC.
- For Appellees:
- Steven J. Lee, Kenyon & Kenyon, of New York, New York, argued for defendants-cross appellants. With him on the brief were Paul H. Heller, Edward J. Handler, III, Charles A. Weiss, William G. James, II, and Mark I. Koffsky. Of counsel on the brief was E. Brendan Magrab, Faulding Inc., of Elizabeth, New Jersey. Of counsel were Jack B. Blumenfeld, and Karen Jacobs Louden, Morris, Nichols, Arsht & Tunnell, of Wilmington, Delaware.