United States Federal Circuit

In a patent dispute concerning pharmaceuticals aimed at treating hypertension, the district court erred in granting summary judgment in favor of plaintiff on the issues of enablement and infringement where there are genuine issues of material fact.

Appellate Information

• Decided 08/11/2005
• Published 08/11/2005

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Joseph M. O'Malley, Jr., Fitzpatrick, Cella, Harper & Scinto, of New York, New York, argued for plaintiff-appellee, Warner-Lambert Company.   With him on the brief were Bruce M. Wexler, Herbert W. Rea, Joshua I. Rothman and Andrew M. Grodin., Brian M. Poissant, Jones Day, of New York, New York, for plaintiffs-appellees, Schwarz Pharma AG, et al.   With him on the brief were Francis D. Cerrito and Daniel L. Malone., Henry C. Dinger, Goodwin Procter LLP, of Boston, Massachusetts, argued for defendant-appellant.   With him on the brief were David M. Hashmall, Mark I. Koffsky and Dominique T. Hussey, of New York, New York. Of counsel was Kenneth A. Cohen, of Boston, Massachusetts.