United States Federal Circuit

In a suit alleging infringement of plaintiff's patents in peptides that contain the RGD sequence of amino acids after a series of medical experiments utilized the sequences, district court finding of infringement is reversed after remand from the Supreme Court where, upon application of the safe harbor contained within 35 U.S.C. section 271(e)(1), no reasonable jury could find other than that the challenged experiments were within the FDA Exemption.

Appellate Information

• Decided 07/27/2007
• Published 07/27/2007

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mauricio A. Flores, Campbell & Flores LLP, of San Diego, CA, argued for plaintiffs-cross appellants Integra LifeSciences I, Ltd. and The Burnham Institute.   With him on the brief was David M. Beckwith.   Of counsel on the brief were Raphael V. Lupo, Mark G. Davis, and Natalia V. Blinkova, McDermott, Will & Emery, of Washington, DC. Of counsel was Donna M. Tanguay.


• For Appellees:
  
• Donald R. Dunner,Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendant-appellant Merck KGaA. With him on the brief were Thomas H. Jenkins, David A. Manspeizer, and Rachel H. Townsend.   Of counsel on the brief were M. Patricia Thayer, Heller Ehrman White & McAuliffe, LLP, of San Francisco, CA;  and William C. Rooklidge, Howrey Simon Arnold & White, LLP, of Irvine, CA. Of counsel was Esther H. Lim, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC.