United States Federal Circuit

Because of a failure to satisfy the written description requirement, plaintiff is not entitled to priority back to 1984 for claims broadly construed to incorporate chimeric antibodies. Denial of judgment as a matter of law, or a new trial, is affirmed.

Appellate Information

• Decided 03/30/2004
• Published 03/30/2004

Judges

• RADER, Circuit Judge., Before RADER, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Harold J. McElhinny,Morrison & Foerster LLP, of San Francisco, CA, argued for plaintiff-appellant.   With him on the brief were Rachel Krevans, Eric S. Walters, and Jason A. Crotty.   Of counsel on the brief were Nancy J. Koch, Robert P. Blackburn, and Joseph Harry Guth, Chiron Corporation, of Emeryville, CA.


• For Appellees:
  
• Leora Ben-Ami, Clifford Chance, of New York, NY, argued for defendant-cross appellant.   On the brief were Roy E. Hofer, Cynthia A. Homan, Meredith Martin Addy, and C. Noel Kaman, Brinks Hofer Gilson & Lione, of Chicago, IL. Of counsel on the brief were John W. Keker and Daralyn J. Durie, Keker & Van Nest, of San Francisco, CA.