United States Federal Circuit

In a patent dispute involving a patent claiming compounds including an antidepressant, a judgment upholding the validity of a reissue patent in favor of plaintiffs and enjoining defendants from infringing it is affirmed, but the injunction is modified to apply only to the compound escitalopram oxalate, which is the active ingredient in plaintiff's Lexapro branded drug.

Appellate Information

• Decided 09/05/2007
• Published 09/05/2007

Judges

• Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• John M. Desmarais, Kirkland & Ellis LLP, of New York, NY, argued for plaintiffs-appellees.   With him on the brief were Peter J. Armenio, Gerald J. Flattmann, Jr., Ellen A. Scordino, and Anne S. Toker., Henry C. Dinger, Goodwin Proctor LLP, of Boston, MA, argued for defendants-appellants.   With him on the brief was Francis C. Lynch.   Of counsel on the brief were Jeffrey S. Ward, and Thomas P. Heneghan, Michael Best & Friedrich LLP, of Madison, WI.