United States Federal Circuit

In a patent case, comity is appropriate where the foreign court merely determines who owns a US patent pursuant to a contract, because the question of who owns patent rights, and on what terms, is typically a question exclusively for state courts and not one arising under US patent laws.

Appellate Information

• Decided 07/16/2001
• Published 07/16/2001

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, MICHEL and CLEVENGER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Norman H. Zivin,Cooper & Dunham, LLP, of New York, New York, argued for plaintiff-appellant.   With him on the brief was Donna A. Tobin.   Of counsel was Robert D. Katz.


• For Appellees:
  
• Joseph A. Calvaruso, Morgan & Finnegan.   L.L.P., of New York, NY, argued for appellee Arkopharma, Inc. With him on the brief was Richard C. Komson., Daniel Ebenstein, and Anthony Francis Lo Cicero, Amster, Rothstein, of New York, NY, for defendant-appellee Twin Laboratories, Inc., Marvin S. Gittes, Cobrin & Gittes, of New York, NY, argued for defendants-appellees Horphag Research, Ltd., et al.   With him on the brief was Michael A. Adler., Edwin D. Schindler, of Coram, New York, for defendant-appellee New Vision International, Inc. with him on the brief were Charles L. Howard, Patrick M. Fahey, and Sheila A. Huddleston, Shipman & Goodwin LLP, of Hartford, CT., Thomas G. Rowan, Pennie & Edmonds LLP, of New York, NY, argued for defendants-appellees Enzymatic Therapy, Inc. and Indena U.S.A. With him on the brief were Brian M. Poissant and Anthony M. Insogna. Of counsel on the brief was Carl P. Bretscher., Brent P. Lorimer, Workman, Nydegger & Seeley, of Salt Lake City, UT, for defendant-appellee USANA, Inc. With him on the brief was David R. Todd., Mark D. Giarratana, and Eric E. Grondahl, Cummings & Lockwood, of Hartford, CT, for defendant-appellee Jarrow Formulas, Inc., Michael J. Rye, and Philmore H. Colburn II, Cantor Colburn LLP, of Bloomfield, CT, for defendant-appellee Chemco Industries, Inc. Of counsel was Charles F. O'Brien., Steven P. Ciardiello, of Hamden, CT, for defendant-appellee Free Life International Ltd., Mark A. Pals, Jay I. Alexander, and Christina M. Sarris, Kirkland & Ellis, of Chicago, IL, for defendant-appellee Nutraceutical Corporation.