United States Federal Circuit

In patent infringement litigation over pharmaceutical patents related to the administration of a chemotherapy cancer drug, the Federal Circuit affirms the district court's judgment finding that certain claims were invalid for obviousness, another claim was not infringed, and that both patents were unenforceable for inequitable conduct, where: 1) the patentee did not narrow the ordinary meaning of "perfusion" in one claim by either acting as its own lexicographer or disclaiming claim scope; 2) the district court's unchallenged finding that the claimed stock solutions were obvious in light of the prior art rendered the "composition" in another claim obvious; and 3) the inventor intentionally withheld material prior art references with the intent to deceive the PTO.

Appellate Information

• Decided 04/09/2012
• Published 04/09/2012

Judges

• Prost

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• George F. Pappas, James F. Hurst