United States Federal Circuit

A patent claim for "feeding" a "beneficial amount" of a substance, methylsulfonylmethane, to animals is not limited using the substance for nutritional purposes, so its prior use for pharmaceutical purposes will invalidate the patent.

Appellate Information

• Decided 08/09/2001
• Published 08/09/2001

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William A. Birdwell,Birdwell, Janke & Durando, PLC, of Portland, OR, argued for plaintiff-appellant.   With him on the brief was Allen Field.   Of counsel on the brief were Jeffrey M. Batchelor, Jeffrey M. Batchelor, P.C., of Portland, OR;  and Bruce S. Osterman, of San Francisco, CA.


• For Appellees:
  
• Michael T. Platt, Patton Boggs LLP, of Washington, DC, argued for defendants-appellees.   With him on the brief was Andrew M. Friedman.