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HOECHST-ROUSSEL PHARMACEUTICALS, INC. v. LEHMAN

No. 96-1104.

109 F.3d 756 (1997)

HOECHST-ROUSSEL PHARMACEUTICALS, INC., Plaintiff-Appellant, v. Bruce A. LEHMAN, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks, Defendant-Appellee, and William K. Summers, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined June 5, 1997.

Attorney(s) appearing for the Case

Kenneth B. Herman, Fish & Neave, of New York City, argued, for Plaintiff-Appellant. With him on the brief were Herbert F. Schwartz, Marta E. Gross, and William L. Leschensky.

Howard S. Scher, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, DC, argued, for Defendant-Appellee Bruce A. Lehman. Counsel on the brief were Frank W. Hunger, Assistant Attorney General, Douglas N. Letter, Attorney, and Sean A. Lev, Attorney. Also on the brief were Nancy J. Linck, Solicitor, Albin F. Drost, Deputy Solicitor, and Scott A. Chambers, Associate Solicitor, Department of Commerce, Patent & Trademark Office, Arlington, VA.

Before NEWMAN, MAYER, and CLEVENGER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined June 5, 1997.

CLEVENGER, Circuit Judge.

Hoechst-Roussel Pharmaceuticals, Inc. (Hoechst) appeals the decision of the United States District Court for the Eastern District of Virginia, No. 95-CV-650 (October 27, 1995), granting summary judgment to Bruce A. Lehman, the Commissioner of Patents and Trademarks (the Commissioner), that Hoechst is not entitled to extend the term of its United States Patent...

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