No. 89-1703.

906 F.2d 684 (1990)

HOFFMAN-LA ROCHE INC., Plaintiff-Appellant, v. LEMMON COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 25, 1990.

Attorney(s) appearing for the Case

John C. Vassil, of Morgan & Finnegan, New York City, argued, for plaintiff-appellant. Of counsel were Richard C. Komson, of Morgan & Finnegan, and Murray S. Levin, of Pepper, Hamilton & Scheetz, Philadelphia, Pa.

Alan H. Bernstein, of Caesar, Rivise, Bernstein, Cohen & Pokotilow, Philadelphia, Pa., argued, for defendant-appellee. With him on the brief were Martin L. Faigus and Robert S. Silver.

Stanley H. Lieberstein, of Ostrolenk, Faber, Gerb & Soffen, New York City, was on the brief for amicus curiae New Jersey Patent Law Ass'n. Of counsel was Douglas A. Miro.

Before RICH, Circuit Judge, MILLER, Senior Circuit Judge, and SHARP, District Judge.

ALLEN SHARP, Chief Judge.

This is an appeal from a judgment of the United States District Court for the Eastern District of Pennsylvania (Green, J.) holding that U.S. Patent No. Re. No. 28,636 was unenforceable and invalid. We vacate and remand.



In 1962, Dr. Emanuel Grunberg, a scientist employed by Hoffmann-La Roche, discovered that the combination of the chemical compounds sulfamethoxazole (SMX) and trimethoprim ...

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