United States Federal Circuit

Because the defendant is not submitting an application to sell a drug for treatment of neurodegenerative diseases, which is the only use covered by the patent involved in this case, defendant was entitled to summary judgment of noninfringement.

Appellate Information

• Decided 01/16/2003
• Published 01/16/2003

Judges

• LOURIE, Circuit Judge., Before MICHEL, Circuit Judge, PLAGER, Senior Circuit Judge, and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Hugh C. Barrett,Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for plaintiff-appellant.   With him on the brief were Robert L. Baechtold, David F. Ryan, and Leisa M. Smith.   Of counsel were Donald J. Curry, Fitzpatrick, Cella, Harper & Scinto;  and Constantine L. Trela, Jr., Sidley, Austin, Brown & Wood, of Chicago, IL., Robert W. Spearman, Parker, Poe, Adams & Bernstein L.L.P., of Raleigh, NC, for amicus curiae Generic Pharmaceutical Association.   With him on the brief was Melanie Black Dubis.


• For Appellees:
  
• William A. Rakoczy, Lord, Bissell & Brook, of Chicago, IL, argued for defendants-appellees.   With him on the brief were Hugh L. Moore and Hugh S. Balsam.