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SIBIA NEUROSCIENCES v. CADUS PHARMACEUTICAL

No. 99-1381.

225 F.3d 1349 (2000)

SIBIA NEUROSCIENCES, INC., Plaintiff-Appellee, v. CADUS PHARMACEUTICAL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 6, 2000.

Attorney(s) appearing for the Case

Stephen P. Swinton, Cooley Godward LLP, of San Diego, California, argued for plaintiff-appellee. With him on the brief were Anthony M. Stiegler, J. Christopher Jaczko, Kent M. Walker, and Amy S. Hellenkamp.

Laura A. Coruzzi, Pennie & Edmonds LLP, of New York, New York, argued for defendant-appellant. With her on the brief was S. Leslie Misrock. Of counsel on the brief were Stanton T. Lawrence, III, Paul J. Zegger, and Carl P. Bretscher, Pennie & Edmonds LLP, of Washington, DC.

Before MAYER, Chief Judge, MICHEL and GAJARSA, Circuit Judges.

Opinion for the court filed by Circuit Judge GAJARSA. Chief Judge MAYER dissents.

GAJARSA, Circuit Judge.

Cadus Pharmaceutical Corporation ("Cadus") appeals the judgment of the United States District Court for the Southern District of California entered after a jury verdict finding the patent claims at issue infringed and not invalid, and assessing damages of $18 million. Because we determine that the asserted claims are obvious as a matter of law, we reverse...

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