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IMPAX LABORATORIES v. AVENTIS PHARMACEUTICALS

No. 2007-1513.

545 F.3d 1312 (2008)

IMPAX LABORATORIES, INC., Plaintiff-Appellant, v. AVENTIS PHARMACEUTICALS INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 3, 2008.

Attorney(s) appearing for the Case

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.

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.

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

RADER, Circuit Judge.

The United States District Court for the District of Delaware held that United States Patent No. 5,236,940 (the '940 patent) does not qualify as an enabling prior art reference and thus does not anticipate claims 1-5 of U.S. Patent No. 5,527,814 (the '814 patent). Because the trial court correctly determined that the '940 patent is not an enabling prior art reference and that it therefore does not anticipate...

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