United States Federal Circuit

When scientific certainty is not available, and the scientific theories and evidence are within a reasonable range of difference of scientific opinion, resolution of such difference based on weight and credibility of evidence is for the trier of fact, and the court may not substitute its judgment for that of the jury.

Appellate Information

• Decided 09/27/2001
• Published 09/27/2001

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, CLEVENGER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Richard L. DeLucia,Kenyon & Kenyon, of New York, NY, argued for plaintiff/counterclaim defendants-cross-appellants.   With him on the brief were Thomas J. Meloro, Charles A. Weiss, and William G. James, II., Leora Ben-Ami, Clifford Chance Rogers & Wells LLP, of New York, NY, argued for defendant/counterclaimant-appellant.   With him on the brief was John E. Kidd.   Of counsel were Roy E. Hofer, Cynthia A. Homan, and Meredith Martin Addy, Brinks Hofer Gilson & Lione, P.C., of Chicago, IL.