United States Federal Circuit

A judgment in favor of defendant of noninfringement and invalidity of certain claims of a patent involving once-a-day incontinence drug formulations is affirmed where the district court properly made a legal conclusion of obviousness, as it correctly held that defendant met its burden of overcoming the presumption of validity that attaches to an issued patent and properly found the patent was not infringed.

Appellate Information

• Decided 09/06/2006
• Published 09/06/2006

Judges

• GAJARSA, Circuit Judge., Before GAJARSA, Circuit Judge, CLEVENGER, Senior Circuit Judge, and PROST, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Gregory L. Diskant, Patterson, Belknap, Webb & Tyler LLP, of New York, New York, argued for plantiff-appellant.   With him on the brief were Jeffrey I.D. Lewis, and Richard J. McCormick.


• For Appellees:
  
• John B. Wyss, Wiley, Rein, & Fielding LLP, of Washington, DC, argued for defendants-appellees.   With him on the brief were James H. Wallace, Jr., Kevin P. Anderson, and Robert J. Scheffel.