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United States Federal Circuit


DOW CHEMICAL CO. v ASTRO-VALCOUR, INC., 01-1003

The true inventor need not know that it was the inventor at the time it challenges the validity of a patent issued to someone else, as long as the true inventor has not abandoned, suppressed, or concealed the invention.

Appellate Information

  • Decided 09/28/2001
  • Published 09/28/2001

Judges

  • DYK, Circuit Judge., Before MICHEL, BRYSON, and DYK, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Keith D. Nowak,Lieberman & Nowak, LLP, of New York, NY, argued for plaintiff-appellant.   With him on the brief were Arthur M. Lieberman, James P. Lynn, and Dawn L. Rudenko.   Of counsel on the brief was Bruce M. Kanuch, The Dow Chemical Company, of Midland, Michigan.

  • For Appellees:
  • Robert T. Tobin, Kenyon & Kenyon, of New York, NY, argued for defendant-appellee.   With him on the brief were Robert F. Perry and Linda D. Mettes.   Of counsel on the brief was Sheila Ann Ozalis, Smith & Ozalis, LLP, of Easton, Connecticut.   Of counsel was Anita Pamintuan Fusco, Kenyon & Kenyon, of New York, New York.
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