United States Federal Circuit

The district court-s invalidity judgment and conception ruling in a patent case involving molecular biology are vacated where it misapplied the law of appreciation when dating conception by researchers and ignored genuine issues of fact precluding partial summary judgment in favor of defendant.

Appellate Information

• Decided 11/18/2005
• Published 11/18/2005

Judges

• GAJARSA, Circuit Judge., Before MICHEL, Chief Judge,RADER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jay I. Alexander, Milbank, Tweed, Hadley & McCloy LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Robert J. Koch and James Pooley.   Of counsel on the brief were Kevin R. Casey and Harrie R. Samaras, RatnerPrestia P.C., of Valley Forge, Pennsylvania;  and Alan Hammond, Invitrogen Corporation, of Carlsbad, California.


• For Appellees:
  
• Marc R. Labgold, Patton Boggs LLP, of McLean, Virginia, argued for defendant-cross appellant.   With him on the brief were Michael J. Schaengold, Richard J. Oparil, and Kevin M. Bell.