GLAXO OPERATIONS UK LTD. v. QUIGG

No. 89-1407.

894 F.2d 392 (1990)

GLAXO OPERATIONS UK LIMITED, Plaintiff-Appellee, v. Donald J. QUIGG, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 24, 1990.


Attorney(s) appearing for the Case

Donald O. Beers, Arnold & Porter, Washington, D.C., argued for plaintiff-appellee. With him on the brief were Stuart J. Land, John Agar and David E. Korn. Also on the brief was Richard E. Fichter, Bacon & Thomas, Alexandria, Va., of counsel.

Irene M. Solet, Dept. of Justice, Washington, D.C., argued for defendant-appellant. With her on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., Henry E. Hudson, U.S. Atty. and John F. Cordes. Also on the brief were Fred E. McKelvey, Sol., Charles E. Van Horn, Deputy Sol. and John C. Martin, Associate Sol., Patent and Trademark Office, Arlington, Va., of counsel.

Before ARCHER and MICHEL, Circuit Judges, and BALDWIN, Senior Circuit Judge.


MICHEL, Circuit Judge.

Donald J. Quigg, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks (Commissioner), appeals the Order of the United States District Court for the Eastern District of Virginia, dated February 28, 1989, granting summary declaratory judgment to Glaxo Operations U.K. Ltd. (Glaxo). See Glaxo Operations UK Ltd. v. Quigg, 706 F.Supp. 1224, 10 USPQ2d 1100 (E.D.Va.1989). The court declared...

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