United States Federal Circuit

In an infringement action involving patents for a pharmaceutical composition used to induce and maintain general anesthesia and sedation in patients, a judgment in favor of plaintiff of infringement of the patents, both literally and under the doctrine of equivalents, is reversed in part as to the district court's claim construction of the term "edetate" and its finding of literal infringement, but affirmed as to the finding of infringement under the doctrine of equivalents.

Appellate Information

• Decided 11/15/2006
• Published 11/15/2006

Judges

• LOURIE, Circuit Judge., Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Denise L. Loring, Ropes & Gray LLP, of New York, NY, argued for plantiffs-appellees.   With her on the brief were Sona De and Herbert F. Schwartz;  and Robert J. Goldman, of Palo Alto, CA., Charles A. Weiss, Kenyon & Kenyon LLP, of New York, NY, argued for defendant-appellant.   With him on the brief were Thomas J. Meloro and Richard L. DeLucia.   Of counsel on the brief was Jules E. Goldberg, Reed Smith, LLP, of New York, NY.