United States Federal Circuit

Where appellant does not show that reduction of his invention to practice inures to the benefit of competing patent applicant, and fails to prove that it's interference count gives it priority of invention, appellant lacks priority of invention over the patent.

Appellate Information

• Decided 03/02/2001
• Published 03/02/2001

Judges

• SCHALL, Circuit Judge., Before CLEVENGER, RADER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Donald R. Dunner,Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for appellant.   With him on the brief were Albert J. Santorelli, Barbara C. McCurdy, and Howard A. Kwon.


• For Appellees:
  
• D. Dennis Allegretti, Duane, Morris & Heckscher, argued for appellee.   Of counsel on the brief were Lawrence M. Green, and Matthew B. Lowrie, Wolf, Greenfield & Sacks, P.C., of Boston, MA.