United States Federal Circuit

A decision finding that a patent for a compound used in a diabetes drug was not shown to be invalid under 35 U.S.C. section 103 is affirmed where the district court did not err in determining that the claimed compounds would not have been obvious in light of the prior art, and hence the patent was not been shown to be invalid.

Appellate Information

• Decided 06/28/2007
• Published 06/28/2007

Judges

• Before LOURIE, BRYSON, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• David G. Conlin, Edwards Angell Palmer & Dodge LLP, of Boston, MA, argued for plaintiffs-appellees.   With him on the brief were Barbara L. Moore, Kathleen B. Carr, and Adam P. Samansky;  and Anthony J. Viola and Andre K. Cizmarik, of New York, NY. Of counsel on the brief was Mark Chao, Takeda Pharmaceuticals North America, Inc., of Lincolnshire, IL., Kevin F. Murphy, Frommer Lawrence & Haug LLP, of New York, NY, argued for defendants-appellants.   With him on the brief were Edgar H. Haug and Jeffrey A. Hovden.