United States Federal Circuit
ABBOTT LAB. v. DEY, L.P., 01-1374
Neither a patent's prosecution history nor prior art will preclude plaintiffs from relying on the doctrine of equivalents to prove infringement relating to patents for a lung surfactant composition for treating respiratory distress syndrome in premature babies.
Appellate Information
- Decided 04/23/2002
- Published 04/23/2002
Judges
- PROST, Circuit Judge., Before NEWMAN, GAJARSA, and PROST, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Thomas M. Durkin,Mayer, Brown & Platt, of Chicago, IL, argued for plaintiffs-appellants. On the brief was Stephen A. Miller.
- For Appellees:
- J. Bruce McCubbrey, Coudert Brothers, of San Francisco, CA, argued for defendants-appellees. With him on the brief were Robert D. Becker of San Francisco, CA; and Darrell Prescott, of New York, NY.