United States Federal Circuit

The record shows substantial merit in defendant's 35 U.S.C. section 272 defense to infringement, and in its obviousness defense. District court abused its discretion in deeming these defenses to lack substantial merit and in granting the preliminary injunction.

Appellate Information

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

Judges

• CLEVENGER, Circuit Judge., Before MAYER, Chief Judge, CLEVENGER and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Robert G. Krupka,Kirkland & Ellis, of Los Angeles, CA, argued for plaintiff-appellee.   With him on the brief were David P. Swenson and Robert J. McManus, Kirkland & Ellis, of Washington, DC;  and Linda S. Resh, Craig D. Leavell, Jamie H. McDole, and Alma M. Lugtu, Kirkland & Ellis, of Chicago, IL. Of counsel was Alexandra DeNeve, Kirkland and Ellis, of Chicago, IL., Mark T. Banner, Banner & Witcoff, Ltd., of Chicago, IL, argued for defendants-appellants.   With him on the brief were Marc S. Cooperman, J. Pieter van Es, Janice V. Mitrius, and Theodore L. Field.