United States Federal Circuit

While plaintiff's inventors may have achieved success where defendant failed, one cannot obtain a valid patent on a known use of a known process that has been described in the literature more than one year prior to the date of one's invention.

Appellate Information

• Decided 04/20/2001
• Published 04/20/2001

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert L. Baechtold,Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for plaintiff-appellant.   With him on the brief were Nicholas M. Cannella, Bruce C. Haas, Jennifer A. Reda, and F. Christopher Mizzo.   Of counsel on the brief were Evan R. Chesler, and Richard J. Stark, Cravath, Swaine & Moore, of New York, NY. Also of counsel on the brief was William J. O'Shaughnessy, McCarter & English, of Newark, NJ.


• For Appellees:
  
• Martin B. Pavane, Cohen, Pontani, Lieberman & Pavane, of New York, NY, argued for defendants-appellees Ben Venue Laboratories, Inc. et al.   With him on the brief were William A. Alper, and Mindy H. Chettih.   Of counsel on the brief was Robert P. Raymond, Boehringer Ingelheim Corporation, of Ridgefield, CT. Of counsel were Alfred H. Hemingway, Jr., and Yunling Ren., William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, NJ, argued for defendants-appellees Immunex Corporation, et al.   With him on the brief were Arnold H. Krumholz,Roy H. Wepner, and Michael H. Teschner.   Of counsel on the brief was Jay B. Shapiro, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., of Miami, FL. Also of counsel on the brief were Gerson A. Zweifach, and Sharon L. Davis, Williams & Connolly LLP, of Washington, DC., E. Anthony Figg, Rothwell, Figg, Ernst & Manbeck P.C., of Washington, DC, for defendant-appellee Mylan Pharmaceuticals, Inc. With him on the brief were Steven Lieberman, and Glenn E. Karta.   Of counsel on the brief was Charles Guttman, Proskauer Rose LLP, of New York, NY, for defendant-appellee Marsam Pharmaceutical, Inc., et al.   Of counsel was Frank Holahan, Harwood & Lloyd, LLC, of Hackensack, NJ.