United States Federal Circuit

When the surface active material, as described in the patent, is combined with a pharmaceutically acceptable carrier, it does not necessarily cease to be the claimed surface active material, so the claim does not limit its scope to material in dried form.

Appellate Information

• Decided 02/13/2001
• Published 02/13/2001

Judges

• LOURIE, Circuit Judge., Before LOURIE, LINN, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth B. Herman,Fish & Neave, of New York, New York, argued for plaintiffs-cross appellants.   With him on the brief were Herbert F. Schwartz, Christopher J. Harnett, A. Joy Arnold, William L. Leschensky, and Robert B. Wilson.


• For Appellees:
  
• Thomas M. Durkin, Mayer, Brown & Platt, of Chicago, Illinois, argued for defendant-appellant, Abbott Laboratories.   With him on the brief was Tarek Ismail;  and Donald M. Falk, Mayer, Brown & Platt, of Washington, DC., Robert J. Gunther, Jr., Latham & Watkins, of New York, New York, argued for defendant-appellant, Tokyo Tanabe Co., Ltd. With him on the brief were John J. Kirby, Jr., Thomas G. Gallatin, Jr., and James S. Blank.