United States Federal Circuit
Dey, LP v. Sunovion Pharmaceuticals, Inc., 12-1428
Summary judgment for defendant on plaintiff's claim of infringement of its patents on pharmaceutical products to treat lung disease is reversed and remanded, where defendant has not shown that it is entitled to summary judgment based on its assertion that its use of formulations meeting the limitations of plaintiff's later-issued patents constituted a public use of plaintiff's inventions within the meaning of 35 U.S.C. section 102(b).
Appellate Information
- Decided 05/20/2013
- Published 05/20/2013
Judges
- BRYSON
Court
- United States Federal Circuit