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BRISTOL-MYERS SQUIBB v. RHONE-POULENC RORER

Nos. 02-1280, 02-1281.

326 F.3d 1226 (2003)

BRISTOL-MYERS SQUIBB COMPANY, Plaintiff-Appellee, v. RHONE-POULENC RORER, INC., Rhone-Poulenc Rorer, S.A., and Centre National de la Recherche Scientifique, Defendants-Appellants. Rhone-Poulenc Rorer, Inc. and Rhone-Poulenc Rorer, S.A., Plaintiffs/Counterclaim Defendants-Appellants, and Centre National de la Recherche Scientifique, Counterclaim Defendant-Appellant, v. Bristol-Myers Squibb Company, Defendant/Counterclaimant-Appellee.

United States Court of Appeals, Federal Circuit.

April 15, 2003.

Attorney(s) appearing for the Case

Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for plaintiff-appellee. With him on the brief were Thomas H. Beck, Dominick A. Conde, William E. Solander, and Sandy Choi.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants-appellants. With him on the brief was Doris Johnson Hines. Of counsel on the brief was Ross J. Oehler, Aventis Pharmaceuticals Inc., of Bridgewater, NJ.

Before CLEVENGER, SCHALL, and PROST, Circuit Judges.

PROST, Circuit Judge.

Rhone-Poulenc Rorer Inc., Rhone-Poulenc Rorer, S.A., and Centre National De La Recherche Scientifique (collectively "RPR") appeal from the judgments of the United States District Court for the Southern District of New York: (1) holding that RPR obtained United States Patent No. 4,924,011 ("the '011 patent") and United States Patent RE 34,277 ("the '277 patent") by inequitable conduct and, thus, that its '277 patent is unenforceable; and (2) denying...

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