United States Federal Circuit

In an action involving applications directed to 7,8-cyclopropataxols, the Board of Patent Appeals and Interferences judgment to defendants is affirmed where the Board properly concluded that the junior party failed to demonstrate that he reduced the subject matter to practice, or that he conceived the invention before defendant's effective filing date.

Appellate Information

• Decided 10/22/2003
• Published 10/22/2003

Judges

• Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Erroll B. Taylor, Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for appellants.   With him on the brief were Lisa B. Pensabene;  and John W. Behringer, Fitzpatrick, Cella, Harper & Scinto, of Washington, DC.


• For Appellees:
  
• Thomas L. Irving, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for appellees.   With him on the brief were Herbert H. Mintz, Timothy B. Donaldson, Sanya Sukduang, and Ester H. Lim. Of counsel on the brief was Ross J. Oehler, Aventis Pharmaceutical Inc., of Bridgewater, NJ.