ABBOTT LABORATORIES, Plaintiff-Appellant,
v.
GENEVA PHARMACEUTICALS, INC., Defendant-Appellee, and
Novopharm Limited, Defendant-Appellee, and
Invamed, Inc., Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 1, 1999.
Rehearing Denied; Suggestion for Rehearing Declined August 5, 1999.
Attorney(s) appearing for the Case
Steven M. Perry, Munger, Tolles & Olson, LLP, of Los Angeles, California, argued for plaintiff-appellant. With him on the brief were Daniel E. Reidy, James A. White, and Tina M. Tabacchi, Jones, Day, Reavis & Pogue, of Chicago, Illinois. Of counsel on the brief was Kenneth D. Greisman, Legal Division, Abbott Laboratories, Abbott Park, Illinois. Of counsel were John Daniel Kiser, Terry S. Coleman and Mathhew D. Peterson, Fox, Bennett & Turner, of Washington, DC.
James Galbraith, Kenyon & Kenyon, of New York, New York, argued for defendant-appellee, Geneva Pharmaceuticals, Inc. With him on the brief were Steven J. Lee and Maria Luisa Palmese.
John E. Rosenquist, Leydig, Voit & Mayer, Ltd., of Chicago, Illinois, argued for defendant-appellee, Novopharm Limited. With him on the brief were Robert F. Green, Pamela J. Ruschau, and Steven H. Sklar.
Daniel A. Monaco, Seidel, Gonda, Lavorgna & Monaco, P.C., of Philadelphia, Pennsylvania, for defendant-appellee, Invamed, Inc. With him on the brief was Camille M. Miller. Of counsel was Arthur H. Seidel.
Before PLAGER, LOURIE, and BRYSON, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Rehearing Denied; Suggestion for Rehearing In Banc Declined August 5, 1999.*
DECISION
LOURIE, Circuit Judge.
Abbott Laboratories appeals from the summary judgment of the United States District Court for the Northern District of Illinois holding claim 4 of its United States Patent 5,504,207 invalid under the on-sale provision of 35 U.S.C. § 102(b) (1994). See Abbott Labs. v. Geneva Pharms., Inc., 1998 WL 566884...
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