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MEDICHEM, S.A. v. ROLABO, S.L.

Nos. 02-1461, 02-1480.

353 F.3d 928 (2003)

MEDICHEM, S.A., Plaintiff-Appellant, v. ROLABO, S.L., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: December 23, 2003.

Attorney(s) appearing for the Case

Barry S. White, Frommer Lawrence & Haug LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were James K. Stronski, Tedd W. Van Buskirk, and John G. Taylor.

Katherine W. Schill, Michael Best & Friedrich, LLP, of Milwaukee, Wisconsin, argued for defendant-cross appellant. On the brief were Jeffrey S. Ward, Thomas P. Heneghan, Shane A. Brunner, and Charlene L. Yager, Michael Best & Friedrich LLP, of Madison, Wisconsin.

Before CLEVENGER, GAJARSA, and DYK, Circuit Judges.

GAJARSA, Circuit Judge.

Medichem, S.A. ("Medichem"), appeals the decision of the United States District Court for the Southern District of New York following a bench trial that there was no interference-in-fact under 35 U.S.C. § 291 between the claimed inventions of U.S. Patent Nos. 6,084,100 (the "`100 patent") belonging to Medichem and 6,093,827 (the "`827 patent") belonging to Rolabo, S.L. ("Rolabo"). Medichem...

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