United States Federal Circuit

The district court did not err in granting summary judgment that the claims of a patent, which is directed to nucleic acid probes that selectively hybridize to the genetic material of the bacteria that cause gonorrhea, are invalid for failure to meet the written description requirement of 35 U.S.C. section 112.

Appellate Information

• Decided 04/02/2002
• Published 04/02/2002

Judges

• Before LOURIE, DYK and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard L. Delucia,Kenyon & Kenyon, of New York, NY, filed a petition for rehearing en banc for plaintiff-appellant.   With him on the petition were Charles A. Weiss and Bradley S. Corsello., Frank P. Porcelli, Fish & Richardson P.C., of Boston, MA, filed a brief for amicus curiae Fish & Richardson P.C. Of counsel on the brief were Robert E. Hillman and Charles H. Sanders., Mark S. Davies, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, filed an amicus curiae brief for the United States in support of rehearing en banc.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General, and Scott R. McIntosh, Attorney.   Of counsel on the brief was John M. Whealan, Solicitor, U.S. Patent and Trademark Office, of Arlington, Virginia.


• For Appellees:
  
• The appellees filed a consolidated response to the petition for rehearing en banc.  William F. Lee, Hale and Dorr LLP, of Boston, MA, for defendant-appellee Gen-Probe Incorporated.   With him on the response was William G. McElwain., Robert J. Gunther, Jr., Latham & Watkins, of New York, NY, for defendants-appellees Chugai Pharma U.S.A., Inc. and Chugai Pharmaceutical Co., Ltd. With him on the response was Jeffrey A. Tochner.   Of counsel was Kurt M. Rogers., Daniel A. Boehnen, McDonnell Boehnen Hulbert & Berghoff, of Chicago, IL, for defendant-appellee Biomerieux, Inc. With him on the response was Joshua R. Rich., Donald R. Ware, Foley Hoag & Eliot LLP, of Boston, MA, for defendant-appellee Becton Dickinson and Company.   With him on the response was Barbara A. Fiacco.