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BROWN v. 3M

No. 00-1552.

265 F.3d 1349 (2001)

Roger W. BROWN, Ph.D., Plaintiff-Appellant, v. 3M, Defendant-Appellee, and Air Products and Chemicals, Inc., Defendant-Appellee, and Revlon, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

September 18, 2001.

Attorney(s) appearing for the Case

Maria Crimi Speth, Grant, Williams & Dangerfield, P.C., of Phoenix, AZ, argued for plaintiff-appellant.

James J. Elacqua, Brobeck, Phleger & Harrison, LLP, of Palo Alto, CA, argued for defendant-appellee, 3M. With him on the brief were Craig Y. Allison, and Michelle S. Falkoff. Edward R. Glady, Jr., and J. Marty Harper, Goodman Raup PC, of Phoenix, AZ, joined in the brief.

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

PAULINE NEWMAN, Circuit Judge.

Dr. Roger W. Brown appeals the decision of the United States District Court for the District of Arizona, granting summary judgment of invalidity of Dr. Brown's United States Patent No. 5,852,824.1 We affirm the district court's judgment.

DISCUSSION

The district court ruled summarily that Brown's patent was anticipated by United States Patent No. 5,600,836 (the "TOCS" patent, for Turn of...

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