DOW CHEMICAL CO. v. ASTRO-VALCOUR, INC.

No. 01-1003.

267 F.3d 1334 (2001)

The DOW CHEMICAL COMPANY, Plaintiff-Appellant, v. ASTRO-VALCOUR, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied December 6, 2001.


Attorney(s) appearing for the Case

Keith D. Nowak, Lieberman & Nowak, LLP, of New York, NY, argued for plaintiff-appellant. With him on the brief were Arthur M. Lieberman, James P. Lynn, and Dawn L. Rudenko. Of counsel on the brief was Bruce M. Kanuch, The Dow Chemical Company, of Midland, Michigan.

Robert T. Tobin, Kenyon & Kenyon, of New York, NY, argued for defendant-appellee. With him on the brief were Robert F. Perry and Linda D. Mettes. Of counsel on the brief was Sheila Ann Ozalis, Smith & Ozalis, LLP, of Easton, Connecticut. Of counsel was Anita Pamintuan Fusco, Kenyon & Kenyon, of New York, New York.

Before MICHEL, BRYSON, and DYK, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 6, 2001.

DYK, Circuit Judge.

This case presents the question of whether, when challenging the validity of a patent under 35 U.S.C. § 102(g), a prior inventor must have known that he was an inventor. We conclude that such a state of mind is not required. Accordingly, we agree that the invention covered by the contested claims of U.S. Patent Nos. B1 4,640,933 (the " '933 patent"), 4,694,027 (the " '027 patent...

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