United States Federal Circuit

Judgment in favor of plaintiff's claim, alleging that defendant's molecular biology products were not covered by the patents used to mark those products, is reversed where defendant did not have clear notice that its products were falsely marked.

Appellate Information

• Decided 05/05/2005
• Published 05/05/2005

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Marc R. Labgold, Patton Boggs LLP, of McLean, Virginia, argued for plaintiff-appellee.   With him on the brief were Michael J. Schaengold, Richard J. Oparil, and Kevin M. Bell. Of counsel was Scott A.M. Chambers., Jay I. Alexander, Milbank, Tweed, Hadley & McCloy LLP, of Washington, DC, argued for defendant-appellant.   With him on the brief were Robert J. Koch, of Washington, DC, and James Pooley, of Palo Alto, California.   Of counsel on the brief were Kevin R. Casey and Harrie R. Samaras, RatnerPrestia P.C., of Valley Forge, Pennsylvania;  and, Alan W. Hammond, Invitrogen Corporation, of Carlsbad, California.