NOVO NORDISK A/S v. BECTON DICKINSON AND CO.

Nos. 01-1095, 01-1114.

304 F.3d 1216 (2002)

NOVO NORDISK A/S, Novo Nordisk of North America, Inc., and Novo Nordisk Pharmaceuticals, Inc., Plaintiffs-Appellants, v. BECTON DICKINSON AND COMPANY, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: September 19, 2002.


Attorney(s) appearing for the Case

Edward V. Filardi, Skadden, Arps, Slate, Meagher & Flom LLP, of New York, NY, argued for plaintiffs-appellants. With him on the brief were Robert B. Smith and Desiree M. Garbar.

John A. Krause, Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for defendant-cross appellant. With him on the brief were Ronald A. Clayton and Douglas Sharrott. Of counsel was Lee A. Goldberg.

Before NEWMAN, SCHALL, and BRYSON, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

The Novo Nordisk companies (collectively "Novo") appeal the judgment of the United States District Court for the Southern District of New York, entered pursuant to jury verdict, that all of the claims of U.S. Patents No. 5,462,535 (the '535 patent) and No. 5,999,323 (the '323 patent) are invalid on the ground of obviousness, and that U.S. Patent No. 5,984,906 (the '906 patent) is invalid based...

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