United States Federal Circuit

In an infringement suit, judgment to plaintiff is affirmed where the court 1) properly construed the claims, 2) correctly found that the claimed method of treatment for osteoporosis by administration of the biphosphonic acid is infringed whether administered as the pure acid or in the form of the acid salt, and 3) plaintiff's patent is valid.

Appellate Information

• Decided 10/30/2003
• Published 10/30/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• John F. Lynch,Howrey Simon Arnold & White, LLP, of Houston, TX, argued for plaintiff-appellee.   With him on the brief were Nicolas G. Barzoukas, Richard L. Stanley, and Scott J. Garber.   Of counsel on the brief were Paul D. Matukaitis, Edward W. Murray, and Gerard M. Devlin, Merck & Co., Inc., of Rahway, New Jersey., James Galbraith, Kenyon & Kenyon, of New York, NY, argued for defendant-appellant Teva Pharmaceuticals USA, Inc. With him on the brief were Maria Luisa Palmese and William G. James, II. William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, New Jersey, argued for defendant-appellant Zenith Goldline Pharmaceuticals, Inc. With him on the brief was Stephen F. Roth.