United States Federal Circuit

Though the district court correctly determined that asserted claims of plaintiff's patents directed to a method for treating gastrointestinal distress are invalid, it clearly erred in finding the case exceptional under 35 U.S.C. section 285, and awarding attorney fees.

Appellate Information

• Decided 08/01/2003
• Published 08/01/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Harry J. Roper,Roper & Quigg, of Chicago, IL, argued for plaintiff-appellant.   With him on the brief were Raymond N. Nimrod and Steven R. Trybus.


• For Appellees:
  
• James A. Mitchell, Price, Heneveld, Cooper, DeWitt & Litton, of Grand Rapids, MI, argued for defendants-appellees.   With him on the brief were Steven L. Underwood and Richena Y. Brown.