United States Federal Circuit

In a patent dispute involving the active ingredient in a drug used to treat certain cerebral disorders including epilepsy, summary judgment of noninfringement of certain patent claims is reversed where the district court erred in determining that there were no genuine issues of material fact concerning whether plaintiff failed to meet its burden of proof that the accused products infringe the asserted claims of the patent at issue.

Appellate Information

• Decided 09/21/2007
• Published 09/21/2007

Judges

• LOURIE, Circuit Judge., Before LOURIE, LINN, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, of Wilmington, DE, argued for plaintiffs-appellants.   With him on the brief were Karen Jacobs Louden, Benjamin Schladweiler, and Richard J. Bauer.


• For Appellees:
  
• Edgar H. Haug, Frommer Lawrence & Haug LLP, of New York, NY, argued for defendants-appellees, Purepac Pharmaceutical Co. and Faulding, Inc. With him on the brief were Steven M. Amundson and Andrew S. Chalson., Steven J. Lee, Kenyon & Kenyon LLP, of New York, NY, argued for defendants-appellees, Teva Pharmaceutical Industries, Ltd., et al.   With him on the brief was Elizabeth Holland.   Of counsel were William G. James, II and Patrice P. Jean of Washington, DC., Richard J. Basile, St. Onge Steward Johnston & Reens LLC, of Stamford, CT, for defendant-appellee, Eon Labs Manufacturing, Inc. With him on the brief were Stephen P. McMamara and Stanley H. Lieberstein.   Of counsel were James P. Jeffry and Benjamin J. Lehberger.