United States Federal Circuit

In a suit for infringement of a patent, directed to methods for making 1,1,1,3,3-pentafluoropropane (non-ozone depleting hydrofluorocarbon), district court's judgment is affirmed in part, reversed in part and remanded where: 1) district court erred in ruling claims 1, 5, 7, 10, and 11 of the '817 patent invalid as defendant was not a prior inventor for purposes of section 102(g)(2); but 2) the district court did not err in ruling that claims 1, 5, 7, 10, and 11 of the '817 patent were infringed; and 3) district court did not err in ruling that claims 12-18, 21 and 22 were not infringed.

Appellate Information

• Decided 10/13/2010
• Published 10/13/2010

Judges

• SCHALL

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Arthur I. Neustadt, Robert G. Krupka