United States Federal Circuit

In entering final judgment of infringement, district court erred in holding that 35 U.S.C. section 121 bars defendant from asserting double patenting as a basis for the patent's invalidity. Plaintiff's current patent cannot be said to have been filed as a result of the 1973 restriction requirement.

Appellate Information

• Decided 03/17/2004
• Published 03/17/2004

Judges

• BRYSON, Circuit Judge., Before NEWMAN, MICHEL, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• David T. Pritikin,Sidley, Austin, Brown & Wood, of Chicago, Illinois, argued for both plaintiffs-appellees.   With him on the brief were Constantine L. Trela, Jr., Lisa A. Schneider, and Marc A. Cavan;  and Eugenia S. Hansen, Sidley Austin Brown & Wood, of Dallas, Texas.   On the brief for plaintiff-appellee Bristol-Myers Squibb Company, was Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, of New York, New York., Francis C. Lynch, Palmer & Dodge, LLP of Boston, Massachusetts, argued for defendant-appellant.   With him on the brief was Laurie S. Gill.