United States Federal Circuit

Because the district court erred in finding that it had necessarily and sufficiently construed the claims of a pharmaceutical composition patent in a previous finding of non-infringement in a related infringement case, both of appellant's cases were vacated and remanded.

Appellate Information

• Decided 02/07/2002
• Published 02/07/2002

Judges

• RADER, Circuit Judge., Before MICHEL, FRIEDMAN, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Rudolf E. Hutz,Connolly Bove Lodge & Hutz LLP, of Wilmington, DE, argued for plaintiffs-appellants.   With him on the brief were Jeffrey B. Bove, Mary W. Bourke, and William E. McShane.


• For Appellees:
  
• Gary N. Frischling, Irell & Manella LLP, of Los Angeles, CA, argued for defendants-appellees.   With him on the brief for Elan Corporation, PLC, et al., were Richard M. Birnholz, Flavio Rose, Nicola J. Bird. Also on the brief for defendant-appellee Biovail Corporation was Eric C. Cohen, Welsh & Katz, of Chicago, IL;  on the brief for defendant-appellee Teva Pharmaceuticals USA, Inc., was Frederick H. Rein, Goodwin Procter LLP, of New York, NY.