United States Federal Circuit

Judgment of non-infringement is reversed. The extended term of plaintiff's patent covers amlodipine and any salt or ester, as provided by 35 U.S.C. section 156(f) and as claimed in claims 1, 7 and 8; the term extension is not limited to the besylate salt of amlodipine.

Appellate Information

• Decided 02/27/2004
• Published 02/27/2004

Judges

• PAULINE NEWMAN, Circuit Judge., Before MAYER, Chief Judge NEWMAN and LOURIE, Circuit Judges., Opinion for the court filed by Circuit Judge NEWMAN.   Dissenting opinion filed by Chief Judge MAYER.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Glen D. Nager,Jones Day, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Gerald Sobel, and Milton Sherman, Kaye Scholer LLP, of New York, New York;  Gregory A. Castanias, Jones Day, of Washington, DC;  and David O. Bickart, Kaye Scholer LLP, of Washington, DC. Of counsel on the brief was David E. De Lorenzi, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, of Newark, New Jersey., David G. Conlin, Edwards & Angell, LLP, of Boston, Massachusetts, for amicus curiae Takeda Chemical Industries, Ltd. With him on the brief were Barbara L. Moore, Kathleen B. Carr, and B. Stephanie Siegmann., John F. Lynch, Howrey Simon Arnold & White, LLP, of Houston, Texas, for amicus curiae Merck & Co., Inc. With him on the brief were Nicolas G. Barzoukas and Richard L. Stanley.   Of counsel on the brief were Paul D. Matukaitis, Edward W. Murray, and Gerard M. Devlin, Merck & Co., Inc., of Rahway, New Jersey., Allen M. Sokal, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, for amicus curiae Wyeth.   With him on the brief was Gregory A. Chopskie.   Of counsel on the brief was David A. Manspeizer, Wyeth, of Madison, New Jersey., E. Edward Bruce, Covington & Burling, of Washington, DC, for amicus curiae Pharmaceutical Research and Manufacturers of America.   With him on the brief were Robert A. Long, Jr. and Christopher N. Sipes., Steven P. Caltrider, Eli Lilly and Company, of Indianapolis, Indiana, for amicus curiae Eli Lilly and Company.   With him on the brief were Robert A. Armitage and James J. Kelley., Philip Allen Lacovara, Mayer Brown Rowe & Maw, of Washington, DC, for amicus curiae Washington Legal Foundation.   With him on the brief were Donald M. Falk;  and Michael O. Warnecke, Joseph A. Mahoney, and Thomas R. Stiebel, Mayer Brown Rowe & Maw, of Chicago, Illinois.   Of counsel on the brief were Daniel J. Popeo and Richard Samp, Washington Legal Foundation, of Washington, DC.


• For Appellees:
  
• Brian T. Moriarty, Budd Larner Rosenbaum Greenberg & Sade, of Short Hills, New Jersey, argued for defendants-appellees.   With him on the brief were Andrew J. Miller, Nicholas A. Tyacke, Jacquelyn Inserra, and Vijayant Pawar.