United States Federal Circuit

In a patent case involving the active ingredient in the drug Celebrex, a judgment finding that defendant infringed three patents owned by Pfizer and upholding their validity and enforceability is affirmed in part and reversed in part where: 1) the asserted claims of one patent were invalid based on double patenting; 2) certain claims of two patents were not invalid for a best mode violation; and 3) the patents were not unenforceable for inequitable conduct.

Appellate Information

• Decided 03/07/2008
• Published 03/07/2008

Judges

• DYK, Circuit Judge., Before MICHEL, Chief Judge, DYK, Circuit Judge, and KENNELLY, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Leora Ben-Ami, Kaye Scholer LLP, of New York, NY, argued for plaintiffs-appellees.   With her on the brief were Daniel L. Reisner and Daniel Forchheimer.   Of counsel on the brief was David De Lorenzi, Gibbons P.C., of Newark, NJ., Henry C. Dinger, P.C., Goodwin Procter LLP, of Boston, MA, argued for defendant-appellant.   With him on the brief were Thomas L. Creel, P.C., Keith A. Zullow, Christopher M. Ries, of New York, NY.