United States Federal Circuit

In a patent case involving a class of drugs known as proton pump inhibitors, summary judgment for plaintiff ruling that its patent was enforceable is affirmed where defendants failed to present sufficient evidence to establish that: 1) the patent in dispute was invalid for obviousness; or 2) plaintiffs had engaged in inequitable conduct by attempting to deceive the Patent Office.

Appellate Information

• Decided 07/21/2008
• Published 07/21/2008

Judges

• RADER, Circuit Judge., Before RADER, LINN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Joseph M. O'Malley, Jr., Paul, Hastings, Janofsky & Walker, LLP, of New York, New York, argued for plaintiffs-appellees.   With him on the brief were Bruce M. Wexler, David M. Conca, Gary G. Ji, and Quinn E. Clancy., Maurice N. Ross, Budd Larner, P.C., of Short Hills, New Jersey, argued for defendants-appellants Dr. Reddy's Laboratories, Ltd., and Dr. Reddy's Laboratories, Inc. With him on the brief were Andrew J. Miller, Louis H. Weinstein, Ellen T. Lowenthal, and Dmitry V. Sheluho., Henry C. Dinger, Goodwin Procter LLP, of Boston, Massachusetts, argued for defendant-appellant Teva Pharmaceuticals USA, Inc. With him on the brief were Elaine H. Blais, and David M. Hashmall, Frederick H. Rein, and Emily L. Rapalino, of New York, New York.