United States Federal Circuit

Where the product for which defendant seeks FDA approval contains a higher crystalline content than the "crystalline free" product of plaintiff's, plaintiff is unlikely to succeed in showing that defendant's product literally infringes plaintiff's patent.

Appellate Information

• Decided 08/20/2001
• Published 08/20/2001

Judges

• RADER, Circuit Judge., Before MAYER, Chief Judge, NEWMAN, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Stephen B. Judlowe,Hopgood, Calimafde, Judlowe & Mondolino, L.L.P., of New York, NY, argued for plaintiffs-appellees.   With him on the brief were Dennis J. Mondolino, Janet B. Linn, Esther H. Steinhauer, and Brian W. Nolan., Darrell L. Olson, Knobbe, Martens, Olson & Bear, LLP, of Newport Beach, CA, argued for defendant-appellant.   With him on the brief was William R. Zimmerman.