United States Federal Circuit

Because plaintiff cannot prove infringement literally or under the doctrine of equivalents, summary judgment was appropriate. There is ample evidence to find that HPC, the asserted equivalent, was a foreseeable sustained release agent for bupropion.

Appellate Information

• Decided 01/29/2004
• Published 01/29/2004

Judges

• RADER, Circuit Judge., Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stephen B. Judlowe, Morgan Lewis & Bockius LLP, of New York, NY, argued for plaintiff-appellant.   With him on the brief were Dennis J. Mondolino, Jason A. Lief, and Timothy P. Heaton.


• For Appellees:
  
• Steven J. Lee, Kenyon & Kenyon, of New York, NY, argued for defendant-appellee.