United States Federal Circuit

Where defendant fails to show why one skilled in the art would undertake a complex combination of steps or even certain specific steps to combine two prior art pieces, a finding of obviousness would be inappropriate.

Appellate Information

• Decided 11/03/2000
• Published 11/03/2000

Judges

• RADER, Circuit Judge., Before NEWMAN, RADER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James F. Hurst, Winston & Strawn, of Chicago, Illinois, for amicus curiae National Pharmaceutical Alliance.   Of counsel was Christine J. Siwik.


• For Appellees:
  
• Robert L. Baechtold,Fitzpatrick, Cella, Harper & Scinto, of New York, New York, argued for plaintiff-appellees.   With him on the brief were Hugh C. Barrett, Brian V. Slater, William E. Solander, and Amr O. Aly. On the brief for Merck & Co., Inc., were Paul D. Matukaitis and William Krovatin, of Merck & Co., Inc., of Rahway, New Jersey.   Also on the brief for Merck & Co., Inc., were John F. Lynch, Nicolas G. Barzoukas, and Gerard M. Devlin, Jr., Arnold, White & Durkee, of Houston, Texas., William A. Alper, Cohen, Pontani, Lieberman & Pavane, of New York, New York, argued for defendants-appellants.   With him on the brief were Thomas C. Pontani, Michael C. Stuart, Myron Cohen, Julia S. Kim, and Martin B. Pavane.