INTERNATIONAL NUTRITION v. HORPHAG RESEARCH LTD.

No. 00-1408.

257 F.3d 1324 (2001)

INTERNATIONAL NUTRITION COMPANY, Plaintiff-Appellant, v. HORPHAG RESEARCH LTD., MW International, Inc., Kaire International, Inc., and Now Foods, Traco Labs, Inc., and Chemco Industries, Inc., and Greater Continents, Inc. and Twin Laboratories, Inc., and Usana, Inc., and Free Life International Ltd., and Enzymatic Therapy, Inc., and Indena U.S.A., and Nutraceutical Corporation, and, Arkopharma, Inc., and Jarrow Formulas, Inc., and New Vision International, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided July 16, 2001.


Attorney(s) appearing for the Case

Norman H. Zivin, Cooper & Dunham, LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief was Donna A. Tobin. Of counsel was Robert D. Katz.

Joseph A. Calvaruso, Morgan & Finnegan. L.L.P., of New York, New York, argued for appellee Arkopharma, Inc. With him on the brief was Richard C. Komson.

Daniel Ebenstein, and Anthony Francis Lo Cicero, Amster, Rothstein, of New York, New York, for defendant-appellee Twin Laboratories, Inc.

Marvin S. Gittes, Cobrin & Gittes, of New York, New York, argued for defendants-appellees Horphag Research, Ltd., et al. With him on the brief was Michael A. Adler.

Edwin D. Schindler, of Coram, New York, for defendant-appellee New Vision International, Inc. with him on the brief were Charles L. Howard, Patrick M. Fahey, and Sheila A. Huddleston, Shipman & Goodwin LLP, of Hartford, Connecticut.

Thomas G. Rowan, Pennie & Edmonds LLP, of New York, New York, argued for defendants-appellees Enzymatic Therapy, Inc. and Indena U.S.A. With him on the brief were Brian M. Poissant and Anthony M. Insogna. Of counsel on the brief was Carl P. Bretscher.

Brent P. Lorimer, Workman, Nydegger & Seeley, of Salt Lake City, Utah, for defendant-appellee USANA, Inc. With him on the brief was David R. Todd.

Mark D. Giarratana, and Eric E. Grondahl, Cummings & Lockwood, of Hartford, Connecticut, for defendant-appellee Jarrow Formulas, Inc.

Michael J. Rye, and Philmore H. Colburn II, Cantor Colburn LLP, of Bloomfield, Connecticut, for defendant-appellee Chemco Industries, Inc. Of counsel was Charles F. O'Brien.

Steven P. Ciardiello, of Hamden, Connecticut, for defendant-appellee Free Life International Ltd.

Mark A. Pals, Jay I. Alexander, and Christina M. Sarris, Kirkland & Ellis, of Chicago, Illinois, for defendant-appellee Nutraceutical Corporation.

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


MAYER, Chief Judge.

International Nutrition Company ("INC") appeals the summary judgment of the United States District Court for the District of Connecticut holding that (1) Horphag Research Ltd. ("Horphag") and numerous other defendants are not liable for infringement of United States Patent No. 4,698,360 (" '360 patent") directed to a "[p]lant extract with a proanthocyanidins content as therapeutic agent having radical scavenger effect and use thereof", and (2)...

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