United States Federal Circuit

In a patent dispute concerning the treatment of osteoporosis, the district court incorrectly determined that plaintiff's patent was not invalid as obvious.

Appellate Information

• Decided 01/28/2005
• Published 01/28/2005

Judges

• GAJARSA, Circuit Judge., Before RADER, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• John F. Lynch, Howrey Simon Arnold & White, LLP, of Houston, Texas, argued for plaintiff-appellee.   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., James Galbraith, Kenyon & Kenyon, of New York, New York, argued for defendant-appellant.   With him on the brief were Maria Luisa Palmese and William G. James, II.