United States Federal Circuit

In a suit seeking a declaratory judgment that plaintiff did not infringe defendant's patent for a drug to treat ALS, judgment that an earlier patent did not anticipate the claims of the patent at issue is affirmed where the district court applied the proper enablement standard and correctly determined that the earlier patent was not an enabling prior art reference.

Appellate Information

• Decided 10/03/2008
• Published 10/03/2008

Judges

• RADER, Circuit Judge., Before RADER, SCHALL, Circuit Judges, and ZOBEL, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• C. Kyle Musgrove, Kenyon & Kenyon LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Michael M. Shen and Aimee N. Soucie, Steven J. Lee, of New York, NY, and Philip J. McCabe, of San Jose, CA.


• For Appellees:
  
• Paul H. Berghoff, McDonnell Boehnen Hulbert and Berghoff LLP, of Chicago, IL, argued for defendant-appellee.   With him on the brief were James C. Gumina, Curt J. Whitenack, and Aaron F. Barkoff.