BOEHRINGER INGELHEIM v. SCHERING-PLOUGH CORP.

Nos. 02-1026, 02-1027.

320 F.3d 1339 (2003)

BOEHRINGER INGELHEIM VETMEDICA, INC., Plaintiff-Cross Appellant, v. SCHERING-PLOUGH CORPORATION and Schering Corporation, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

DECIDED: February 21, 2003.


Attorney(s) appearing for the Case

Jennifer Gordon, Orrick, Herrington & Sutcliffe LLP, of New York, NY, argued for plaintiff-cross appellant. With her on the brief were Scott D. Stimpson, John D. Garretson, and Todd L. Krause, Pennie & Edmonds LLP, of New York, NY. Of counsel on the brief were Robert P. Raymond, Boehringer Ingelheim Corporation, of Ridgefield, CT; and Jonathan A. Marshall, Weil Gotshal & Manges LLP, of New York, NY.

William K. West, Jr., Howrey Simon Arnold & White, LLP, of Washington, DC, argued for defendants-appellants. With him on the brief were John W. Nields, Jr., Karen M. Lockwood, and Kevin G. Baer. Of counsel on the brief were John F. Hoffmann and Arthur Mann, Schering-Plough Corporation, of Kenilworth, NJ. Of counsel were Paul H. Kochanski and Sidney David, Lerner David, of Westfield, NJ.

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


CLEVENGER, Circuit Judge.

Schering-Plough Corporation and Schering Corporation ("Schering") appeal the judgment of the United States District Court for the District of New Jersey, finding United States Patent No. 5,476,778 ("'778 patent") infringed and not invalid. Boehringer Ingelheim Vetmedica, Inc. ("Boehringer"), the assignee of the '778 patent, cross-appeals based on the district court's claim construction. We find that substantial evidence supports the verdicts...

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