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HODOSH v. BLOCK DRUG CO., INC.

Appeal No. 85-2607.

786 F.2d 1136 (1986)

Milton HODOSH and Richardson-Vicks, Inc., Appellants, v. BLOCK DRUG COMPANY, INC., et al., Appellees.

United States Court of Appeals, Federal Circuit.

March 24, 1986.

Attorney(s) appearing for the Case

John O. Tramontine, Fish & Neave, of New York City, argued for appellant, Richardson-Vicks, Inc.

Hugh A. Chapin, Kenyon & Kenyon of New York City, argued for appellant, Milton Hodosh. With them on the brief were W. Edward Bailey and Norman H. Beamer of Fish & Neave and Paul Lempel and William J. McNichol, Jr. of Kenyon & Kenyon.

Jerome G. Lee, Morgan, Finnegan, Pine, Foley & Lee, of New York City, argued for appellees. With him on brief were William S. Feiler and Maria C.H. Lin of Morgan, Finnegan, Pine, Foley & Lee, and Marvin C. Soffen and Edward A. Meilman, Ostrolenk, Faber, Gerb & Soffen.

Before RICH, DAVIS, and BALDWIN, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the July 12, 1985, judgment of the United States District Court for the District of New Jersey, 226 USPQ 645, granting summary judgment to Block Drug Company, Inc., et al. (Block) and holding that all six claims of patent No. 3,863,006 for "Method of Desensitizing Teeth" ('006 patent), issued to Dr. Milton Hodosh and licensed to Richardson-Vicks, Inc. (collectively, Hodosh), are invalid for obviousness under 35 U.S.C. §...

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