United States Federal Circuit

In patent infringement suits brought against several pharmaceutical companies that were seeking permission from the Food and Drug Administration (FDA) to market generic versions of Prilosec, a gastric acid inhibiting drug, a judgment finding that defendant literally infringed certain claims, but that other claims were anticipated or obvious, is affirmed. A ruling that defendant's counterclaims were mooted is also affirmed, as are conclusions that there was no inequitable conduct, fraud, or unclean hands in plaintiff's prosecution of a particular patent, and that other patents were not unenforceable through "infectious unenforceability."

Appellate Information

• Decided 04/23/2007
• Published 04/23/2007

Judges

• Before NEWMAN, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Errol B. Taylor, Milbank, Tweed, Hadley & McCloy LLP, of New York, NY, argued for plaintiffs-cross appellants.   With him on the brief were Fredrick M. Zullow and Lawrence T. Kass;  and Jay I. Alexander, of Washington, DC. Of counsel were John M. Griem, Jr. and Claire A. Gilmartin.


• For Appellees:
  
• Margaret A. Dale, Proskauer Rose LLP, of New York, NY, argued for defendant-appellant.   With her on the brief were Louis M. Solomon and Jeremy R. Kasha.   Of counsel on the brief were James V. Costigan and Martin P. Endres, Hedman & Costigan, of New York, NY.