United States Federal Circuit

The US District Court's granting summary judgment invalidating the claims of several patents for nonstatutory double patenting is affirmed as the court correctly found that these patents are invalid.

Appellate Information

• Decided 11/24/2003
• Published 11/24/2003

Judges

• RADER, Circuit Judge., Before MAYER, Chief Judge, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Dimitrios T. Drivas,White & Case, of New York, NY, argued for plaintiff-counterclaim defendants-appellees Geneva Pharmaceuticals, Inc. Of counsel was Leslie Morioka., Joseph F. Jennings, Knobbe, Martens, Olson & Bear, of Irvine, CA, for plaintiff/counterclaim defendants-appellees.   Ranbaxy Pharmaceuticals, Inc. and Ranbaxy Laboratories Limited.   Ranbaxy relied on the brief and the argument of Teva Pharmaceuticals USA, Inc.   Of counsel were William R. Zimmerman, Christy L. Green, and Darrell L. Olson., Thomas J. Meloro, Jr., Kenyon & Kenyon, of New York, NY, argued for plaintiffs/counterclaim defendants-appellees Teva Pharmaceuticals USA, Inc.   With him on the brief were Steven J. Lee, Larissa A. Soccoli, and Robert V. Cerwinski.   Of counsel on the brief was C. Kyle Musgrove, Kenyon & Kenyon, of Washington, DC., Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants/counterclaimants-appellants.   With him on the brief were Kelly A. Casey and Michael J. McCabe II, Finnegan, Henderson, etc., of Atlanta, GA.