RICHARDSON-VICKS INC. v. UPJOHN CO.

Nos. 96-1214, 96-1237.

122 F.3d 1476 (1997)

RICHARDSON-VICKS INC., Plaintiff-Appellant, v. The UPJOHN COMPANY, Defendant/Cross-Appellant, and McNeil-PPC, Inc. and Johnson & Johnson, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 26, 1997.


Attorney(s) appearing for the Case

John F. Sweeney, Morgan & Finnegan, L.L.P., New York City, argued, for plaintiff-appellant. With him on the brief were Richard C. Komson and John T. Gallagher.

Roy E. Hofer, Brinks Hofer Gilson & Lione, Chicago, IL, argued, for defendant/cross-appellant. With him on the brief were Thomas J. Filarski, Timothy Q. Delaney, and G. Peter Nichols. Of counsel on the brief were William G. Jameson and Raymond G. Arner, Pharmacia & Upjohn, Inc., Kalamazoo, MI.

Harry J. Roper, Roper & Quigg, Chicago, IL, argued, for defendants-appellees. With him on the brief were Raymond N. Nimrod and Aaron A. Barlow.

Before ARCHER, Chief Judge, MICHEL and PLAGER, Circuit Judges.


PLAGER, Circuit Judge.

In this case, a jury found the patent on a popular cough and cold formula not invalid for obviousness and not unenforceable. Subsequently, the trial judge overturned the jury verdict. Plaintiff appeals the trial judge's action. Because the trial judge acted within the scope of her authority in granting judgment as a matter of law ("JMOL"), and on all the facts of record reached the correct conclusion of invalidity for obviousness, the judgment...

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