United States Federal Circuit

35 U.S.C. section 119(a) does not permit an applicant for a U.S. patent to benefit from the priority of a foreign application previously filed by an entity that was not acting on behalf of the U.S. applicant at the time of filing.

Appellate Information

• Decided 08/08/2007
• Published 08/08/2007

Judges

• MAYER, Circuit Judge., Before MAYER, BRYSON and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Gregory A. Castanias, Jones Day, of Washington, DC, argued for the plaintiff-appellant.   With him on the brief were Gidon D. Stern, Thomas E. Friebel, Catharina J. Chin Eng, and Brent P. Ray, of New York, NY.


• For Appellees:
  
• Brian E. Ferguson, McDermott Will & Emery LLP, of Washington, DC, argued for the defendant-appellee.   On the brief were Paul Devinsky, John R. Fuisz, Stephen K. Shahida, and Natalia V. Blinkova.   Of counsel were Joel M. Freed and Amanda E. Koenig.