United States Federal Circuit

Defendant was not entitled to summary judgment of noninfringement. The present record does not address the foreseeability of sustained release agent PVA, the asserted equivalent of HPMC, at the time of plaintiff's narrowing amendment; thus, it remains unresolved whether plaintiff rebutted the presumption of surrendered equivalents.

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 Brian P. Murphy, Robert G. Gibbons, Esther H. Steinhauer, David Leichtman, and Timothy P. Heaton.


• For Appellees:
  
• William G. Gaede III, Cooley Godward LLP, of Palo Alto, CA, argued for defendant-appellee.   With him on the brief were Lori R.E. Ploeger and Michele E. Moreland.   Of counsel was Alan A. Wright.