United States Federal Circuit

District court erred in declaring plaintiff's patent invalid under the on-sale bar of 35 U.S.C. section 102(b). Plaintiff did not offer to sell its once-daily naproxen formulation more than one year prior to filing the patent application.

Appellate Information

• Decided 05/05/2004
• Published 05/05/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James B. Monroe,Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Michael J. Flibbert and Paul W. Browning.   Of counsel was James R. Barney.


• For Appellees:
  
• Martin P. Endres, Hedman & Costigan, P.C., of New York, NY, argued for defendant-cross appellant.   With him on the brief were James V. Costigan and Kathleen A. Costigan.   Of counsel on the brief was Gerald J. Houlihan, Houlihan & Partners, P.A., of Miami, FL.