United States Federal Circuit

In a patent infringement case brought by DuPont, an order denying its motion for a preliminary injunction against defendant is vacated and the case remanded for further proceedings where the district court: 1) abused its discretion in finding that a substantial question as to validity existed because of uncertainty regarding the priority date; and 2) did not reach the parties' remaining arguments as to validity and enforceability as well as the remaining preliminary injunction factors.

Appellate Information

• Decided 05/14/2008
• Published 05/14/2008

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, PROST, Circuit Judge, and POGUE, Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Lindley J. Brenza, Bartlit Beck Herman Palenchar & Scott LLP, of Denver, CO, argued for plaintiff-appellant.   With him on the brief was Allison Freedman, of Chicago, IL. Of counsel on the brief was John T. Gallagher, Morgan & Finnegan, LLP, of New York, NY. Of counsel was Richard D. Catenacci, Connell Foley LLP, of Roseland, NJ.


• For Appellees:
  
• John R. Horvack, Jr., Carmody & Torrance LLP, of New Haven, CT, argued for defendant-appellee.   With him on the brief was Fatima Lahnin.