United States Federal Circuit

In a patent infringement dispute, plaintiff's appeal is dismissed where it is not from a final decision since defendant's unenforceability counterclaim remains unadjudicated in the district court.

Appellate Information

• Decided 07/13/2005
• Published 07/13/2005

Judges

• LOURIE, Circuit Judge., Before LOURIE, LINN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Charles A. Weiss, Kenyon & Kenyon, of New York, New York, argued for plaintiff-appellant.   With him on the brief were Richard L. DeLucia, John R. Kenny and Patrice P. Jean. Of counsel were Anita Pamintuan Fusco and Henry N. Wixon.


• For Appellees:
  
• William F. Lee, Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, Massachusetts, argued for defendants-appellees.   With him on the brief for Gen-Probe Incorporated were William G. McElwain and Nina S. Tallon.   Of counsel was Henry N. Wixon.   On the brief for Becton Dickinson and Company were Donald R. Ware, Barbara A. Fiacco, and Katherine J. Fick, Foley Hoag LLP, of Boston, Massachusetts.   Of counsel were Denise W. DeFranco and Lauren T. Knapp.