United States Federal Circuit

In a patent dispute arising from defendant's efforts to gain approval to market generic tablets for the treatment of hypertension, summary judgment of noninfringement is affirmed where the district court did not err in its conclusion that prosecution history estoppel barred resort to the doctrine of equivalents in this case.

Appellate Information

• Decided 10/12/2007
• Published 10/12/2007

Judges

• LOURIE, Circuit Judge., Before MICHEL, Chief Judge, and LOURIE and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Daniel L. Malone, Jones Day, of New York, NY, argued for plaintiffs-appellants.   With him on the brief were Brian M. Poissant and F. Dominic Cerrito.


• For Appellees:
  
• Michael J. Fink, Greenblum & Bernstein, P.L.C., of Reston, VA, argued for defendant-appellee.   With him on the brief were Neil F. Greenblum, Stephen M. Roylance, and P. Branko Pejic.