ELI LILLY v. BOARD OF REGENTS UNIVERSITY OF WA

No. 02-1610.

334 F.3d 1264 (2003)

ELI LILLY & CO., Appellant, v. BOARD OF REGENTS OF THE UNIVERSITY OF WASHINGTON, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: July 3, 2003.


Attorney(s) appearing for the Case

Charles E. Lipsey, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for appellant. With him on the brief were Kenneth J. Meyers and Deborah Katz. Of counsel on the brief were Brian P. Barrett and Steven P. Caltrider, Eli Lilly and Company, of Indianapolis, Indiana.

William F. Lee, Hale and Dorr LLP, of Boston, Massachusetts, argued for appellee. With him on the brief were Lisa J. Pirozzolo, of Boston, Massachusetts; and James L. Quarles III and Henry N. Wixon, of Washington, DC. Of counsel were Maria L. Maebius and William G. McElwain, of Washington, DC.

John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, for amicus United States Patent and Trademark Office. With him on the brief were James A. Toupin, General Counsel; and Stephen Walsh and Henry G. Sawtelle, Associate Solicitors.

Before MICHEL, LOURIE, and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

This is an appeal from a patent interference proceeding before the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences ("Board"). The Board granted the Board of Regents of the University of Washington's ("UW's") motion declaring that no interference-in-fact existed on the grounds that the invention of the corresponding claims of U.S. Reissue Application No. 09/185,663 ("the '663 reissue application")...

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