United States Federal Circuit

Patent invalidation under 35 USC 102(g) only requires proof that the prior invention was made in the United States, and evidence of lack of suppression or concealment can be proven by both foreign and domestic activities.

Appellate Information

• Decided 06/08/2001
• Published 06/08/2001

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Alan H. Bernstein,Caesar, Rivise, Bernstein, Cohen & Pokotilow, LTD., of Philadelphia, PA, argued for plaintiff-appellant.   With him on the brief were Robert S. Silver and William Joseph Castillo.


• For Appellees:
  
• Nicolas G. Barzoukas, Howrey Simon Arnold & White, LLP, of Houston, TX, argued for defendant-appellee.   With him on the brief were John F. Lynch, Gerard M. Devlin, Jr., and Peter J. Chassman, Howrey Simon Arnold & White, LLP;  Paul D. Matukaitis, Merck & Company, of Whitehouse Station, New Jersey;  and Edward W. Murray, Merck & Company, of Rahway, New Jersey.