UNIMED, INC. v. QUIGG

No. 89-1430.

888 F.2d 826 (1989)

UNIMED, INC. and Theodor Petrzilka, Plaintiffs-Appellees, v. Donald J. QUIGG, Commissioner of Patents and Trademarks, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 23, 1989.


Attorney(s) appearing for the Case

Harold D. Steinberg, Steinberg & Raskin, New York City, argued for plaintiffs-appellees. With him on the brief was Martin W. Schiffmiller, Kirschstein, Ottinger, Israel & Schiffmiller, P.C.

Fred E. McKelvey, Sol., Office of the Sol., of Arlington, Va., argued for defendant-appellant. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Charles E. Van Horn, Deputy Sol. and Linda M. Skoro, Asst. Sol.

Donald O. Beers, Stuart J. Land, Peter T. Grossi, Jr., William W. Vodra and David E. Korn, Arnold & Porter, of Washington, D.C., were on the brief for amicus curiae Hoffmann-La Roche Inc. Also on the brief were David A. Seligman and George W. Johnston, Hoffmann-La Roche Inc., Nutley, N.J., of counsel.

Before ARCHER, Circuit Judge, SKELTON, Senior Circuit Judge, and MAYER, Circuit Judge.


MAYER, Circuit Judge.

This is an appeal of the judgment of the United States District Court for the District of Columbia, 707 F.Supp. 17, 10 USPQ2d 1698 (1989), setting aside the Commissioner's denial of Theodor Petrzilka's application for extension of the term of U.S. Patent 3,668,224 pursuant to 35 U.S.C. § 156 (Supp. II 1984) because the application was untimely. Unimed, Inc....

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