United States Federal Circuit

The district court did not err in granting summary judgment of noninfringement in favor of defendant, for no genuine issue of material fact exists in a case involving patent claims directed to a therapeutic fenofibrate composition.

Appellate Information

• Decided 03/20/2003
• Published 03/20/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James A. White,Jones, Day, Reavis & Pogue, of Chicago IL, argued for plaintiff-appellant, Abbott Laboratories.   With him on the brief were Daniel E. Reidy, John A. Marlott, and Timothy J. Heverin.   Charles D. Ossola, Arnold & Porter, of Washington, DC, argued for plaintiffs-appellants Fournier Industrie Sante' and Laboratoires Fournier S.A. With him on the brief were Timothy C. Bickham and Scott A.M. Chambers.   Of counsel on the brief was Mark Shanks, Shanks & Herbert, of Alexandria, VA., Charles R. Wolfe, Jr., Blank Rome Comisky & McCauley LLP, of Washington, DC, for amicus curiae Impax Laboratories, Inc. With him on the brief were D. Christopher Ohly, and Neil R. White.


• For Appellees:
  
• Bruce M. Gagala, Leydig, Voit & Mayer, Ltd., of Chicago, IL, argued for defendant-appellee.   With him on the brief was M. Daniel Hefner.