United States Federal Circuit

A patent, directed to methods for selectively inhibiting mammalian prostaglandin H synthase-2 (PGHS-2) activity by adminstering a non-steroidal compound, is invalid for failure to comply with the written description and enablement requirements of 35 U.S.C. section 112. Summary judgment of noninfringement is therefore affirmed.

Appellate Information

• Decided 02/13/2004
• Published 02/13/2004

Judges

• LOURIE, Circuit Judge., Before LOURIE, BRYSON, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Gerald P. Dodson,Morrison & Foerster, LLP, of Palo Alto, CA, argued for plaintiff-appellant.   With him on the brief were Emily A. Evans, Erica D. Wilson, and Erik J. Olson.   Of counsel on the brief was Jeanine Arden Ornt, Office of Counsel, University of Rochester, of Rochester, NY., Daniel J. Furniss, Townsend and Townsend and Crew LLP, of Palo Alto, CA, for amici curiae The Regents of the University of California, et al.   With him on the brief were Susan M. Spaeth and Madison C. Jellins., James J. Kelley, Eli Lilly and Company, of Indianapolis, IN, for amicus curiae Eli Lilly and Company.   With him on the brief were Steven P. Caltrider, Michael T. Bates, Robert A. Armitage, Gilbert T. Voy, and Gregory C. Cox.


• For Appellees:
  
• Gerald Sobel, Kaye Scholer LLP, of New York, NY, argued for defendants-appellees.   With him on the brief were Richard G. Greco, Sylvia M. Becker, and Daniel L. Reisner.   With him on the brief were Robert L. Baechtold, Henry J. Renk, Bruce C. Haas, and Colleen Tracy, Fitzpatrick, Cella, Harper & Scinto, of New York, NY.