United States Federal Circuit

A judgment of validity of a patent involving an inhalation anesthetic is reversed where the asserted claims of the patent at issue were anticipated by a disclosure in a previous patent.

Appellate Information

• Decided 11/09/2006
• Published 11/09/2006

Judges

• GAJARSA, Circuit Judge., Before BRYSON, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• R. Mark McCareins, Winston & Strawn LLP, of Chicago, IL, argued for plaintiffs-appellants.   With him on the brief were Edward L. Foote, Raymond C. Perkins, Peggy M. Balesteri, James F. Herbison, and Timothy M. Schaum.


• For Appellees:
  
• Constantine L. Trela, Jr., Sidley Austin LLP, of Chicago, IL, argued for defendants-cross appellants.   With him on the brief were David T. Pritikin, William H. Baumgartner, Jr., and Russell E. Cass. Of counsel on the brief was Thomas S. Borecki, Baxter Healthcare Corporation, of Deerfield, IL. Of counsel was Marc A. Cavan, Sidley Austin LLP, of Chicago, IL.