United States Federal Circuit

In a patent case involving patents directed to recombinant DNA technology relating to the production of a certain hormone, a judgment of the district court is affirmed, vacated, and reversed, in part where the district court: 1) erred in its construction of the term "therapeutically effective amount"; 2) erred in ruling that plaintiff rebutted a particular presumption; and 3) properly found that certain patents' claims were not invalid and were literally infringed.

Appellate Information

• Decided 08/03/2006
• Published 08/03/2006

Judges

• Before MICHEL, Chief Judge, CLEVENGER, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Lloyd R. Day, Jr., Day Casebeer Madrid & Batchelder LLP, of Cupertino, California, argued for plaintiff-appellee.   With him on the brief were Edward M. O'Toole, Howrey LLP, of Chicago, Illinois;  Michael F. Borun, Marshall, Gerstein & Borun LLP, of Chicago, Illinois;  and Stuart L. Watt, Amgen Inc., of Thousand Oaks, California.   Of counsel were Renee M. DuBord Brown, Robert M. Galvin, Jonathan Loeb, David M. Madrid, Linda A. Sasaki-Baxley, Krista M. Carter, Courtney Towle, and Patricia L. Peden, Day Casebeer Madrid & Batchelder LLP, of Cupertino, California;  Kevin M. Flowers, Marshall, Gerstein & Borun LLP, of Chicago Illinois;  Robert R. Cook, Monique L. Cordray, Steven M. Odre, and Wendy A. Whiteford, Amgen Inc., of Thousand Oaks, California;  and Michael R. Gottfried and D. Dennis Allegretti, Duane Morris, LLP, of Boston, Massachusetts., Carter G. Phillips, Sidley Austin Brown & Wood LLP, of Washington, DC, argued for defendants-appellants.   With him on the brief was Joseph R. Guerra.