United States Federal Circuit

Infringement under 35 U.S.C. section 271(g) is limited to physical goods that were manufactured and does not include information generated by a patented process, and because the physical goods here (drug products) were not "manufactured" by a process claimed in the asserted patents, the dismissal of defendant's infringement claims is affirmed.

Appellate Information

• Decided 08/22/2003
• Published 08/22/2003

Judges

• DYK, Circuit Judge., Before MAYER, Chief Judge, DYK and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Morgan Chu, Irell & Manella LLP, of Los Angeles, CA, for amici curiae Affymetrix, Inc., et al.   With him on the brief were Laura W. Brill, Lisa Partain, and Jason G. Sheasby.


• For Appellees:
  
• Jeffrey B. Bove,Connolly Bove Lodge & Hutz LLP, of Wilmington, DE, argued for plaintiffs-appellees.   With him on the brief were Rudolf E. Hutz, Mary W. Bourke and Thomas F. Poché., Joseph A. Grear, Stanheim & Grear, Ltd., of Chicago, IL, argued for defendant-appellant.   With him on the brief were Rolf O. Stadheim, Gregory M. Jordan, and George C. Summerfield.   Of counsel were M. Duncan Grant and Joseph Naylor, Pepper Hamilton LLP, of Wilmington, DE.