UNIVERSITY OF ROCHESTER v. G.D. SEARLE & CO., INC.

No. 03-1304.

358 F.3d 916 (2004)

UNIVERSITY OF ROCHESTER, Plaintiff-Appellant, v. G.D. SEARLE & CO., INC., Monsanto Company, Pharmacia Corporation, and Pfizer Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided February 13, 2004.


Attorney(s) appearing for the Case

Gerald P. Dodson, Morrison & Foerster, LLP, of Palo Alto, California, argued for plaintiff-appellant. With him on the brief were Emily A. Evans, Erica D. Wilson, and Erik J. Olson. Of counsel on the brief was Jeanine Arden Ornt, Office of Counsel, University of Rochester, of Rochester, New York.

Gerald Sobel, Kaye Scholer LLP, of New York, New York, argued for defendants-appellees. With him on the brief were Richard G. Greco, Sylvia M. Becker, and Daniel L. Reisner. With him on the brief were Robert L. Baechtold, Henry J. Renk, Bruce C. Haas, and Colleen Tracy, Fitzpatrick, Cella, Harper & Scinto, of New York, New York.

Daniel J. Furniss, Townsend and Townsend and Crew LLP, of Palo Alto, California, for amici curiae The Regents of the University of California, et al. With him on the brief were Susan M. Spaeth and Madison C. Jellins.

James J. Kelley, Eli Lilly and Company, of Indianapolis, Indiana, for amicus curiae Eli Lilly and Company. With him on the brief were Steven P. Caltrider, Michael T. Bates, Robert A. Armitage, Gilbert T. Voy, and Gregory C. Cox.

Before LOURIE, BRYSON, and DYK, Circuit Judges.


LOURIE, Circuit Judge.

The University of Rochester ("Rochester") appeals from the decision of the United States District Court for the Western District of New York granting summary judgment that United States Patent 6,048,850 is invalid. Univ. of Rochester v. G.D. Searle & Co., 249 F.Supp.2d 216 (W.D.N.Y.2003). Because we conclude that the court did not err in holding the '850 patent invalid for failing to comply...

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