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FOREST LABORATORIES, INC. v. ABBOTT LABORATORIES

Nos. 99-1494, 99-1495, and 99-1512.

239 F.3d 1305 (2001)

FOREST LABORATORIES, INC. and ONY Inc., Plaintiffs-Cross Appellants, v. ABBOTT LABORATORIES, Defendant-Appellant, and Tokyo Tanabe Co., Ltd., (acquired by Mitsubishi-Tokyo Pharmaceuticals, Inc.), Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided February 13, 2001.

Attorney(s) appearing for the Case

Kenneth B. Herman, Fish & Neave, of New York, New York, argued for plaintiffs-cross appellants. With him on the brief were Herbert F. Schwartz, Christopher J. Harnett, A. Joy Arnold, William L. Leschensky, and Robert B. Wilson.

Thomas M. Durkin, Mayer, Brown & Platt, of Chicago, Illinois, argued for defendant-appellant, Abbott Laboratories. With him on the brief was Tarek Ismail; and Donald M. Falk, Mayer, Brown & Platt, of Washington, DC.

Robert J. Gunther, Jr., Latham & Watkins, of New York, New York, argued for defendant-appellant, Tokyo Tanabe Co., Ltd. With him on the brief were John J. Kirby, Jr., Thomas G. Gallatin, Jr., and James S. Blank.

Before LOURIE, LINN, and DYK, Circuit Judges.

LOURIE, Circuit Judge.

Abbott Laboratories and Tokyo Tanabe Co., Ltd. appeal from the decision of the United States District Court for the Western District of New York granting ONY Inc. and Forest Laboratories, Inc.'s motion for judgment as a matter of law ("JMOL") following a jury verdict of infringement of Tokyo Tanabe's U.S. Patents 4,338,301 and 4,397,839. Because the jury's verdict was not supported by substantial evidence, the district court did not err in granting...

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