United States Federal Circuit

In a patent case involving a drug-eluting expandable stent with a coating that has a non-thrombogenic surface, denial of defendant's motion for a new trial and judgment as a matter of law (JMOL) following a jury verdict of infringement of a patent claim is reversed where the district court erred as a matter of law in failing to hold the patent at issue to have been obvious.

Appellate Information

• Decided 01/15/2009
• Published 01/15/2009

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Gregory L. Diskant, Patterson Belknap Webb & Tyler LLP, of New York, NY, argued for defendants-appellants.   With him on the brief were Eugene M. Gelernter, Michael J. Timmons, Scott B. Howard, and Irena Royzman.   Of counsel on the brief was Constantine L. Trela, Jr., Sidley Austin LLP, of Chicago, IL. Of counsel was Kathleen M. Crotty, Patterson Belknap Webb & Tyler LLP, of New York, NY., Charles A. Weiss, Kenyon & Kenyon LLP, of New York, NY, argued for plaintiffs-appellees.   With him on the brief were Richard L. DeLucia, Elizabeth A. Gardner, and Michael K. Levy.