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BRISTOL-MYERS SQUIBB CO. v. PHARMACHEMIE B.V.

No. 03-1077.

361 F.3d 1343 (2004)

BRISTOL-MYERS SQUIBB COMPANY, Plaintiff-Appellee, and Research Corporation Technologies, Inc., Plaintiff-Appellee, v. PHARMACHEMIE B.V., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 21, 2004.

Attorney(s) appearing for the Case

David T. Pritikin, Sidley, Austin, Brown & Wood, of Chicago, Illinois, argued for both plaintiffs-appellees. With him on the brief were Constantine L. Trela, Jr., Lisa A. Schneider, and Marc A. Cavan; and Eugenia S. Hansen, Sidley Austin Brown & Wood, of Dallas, Texas. On the brief for plaintiff-appellee Bristol-Myers Squibb Company, was Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, of New York, New York.

Francis C. Lynch, Palmer & Dodge, LLP of Boston, Massachusetts, argued for defendant-appellant. With him on the brief was Laurie S. Gill.

Before NEWMAN, MICHEL, and BRYSON, Circuit Judges.

Rehearing En Banc Denied April 21, 2004.

BRYSON, Circuit Judge.

The question in this patent case is whether the patent in suit is invalid for double patenting. The district court held on summary judgment that an earlier patent, which stemmed from the same application as the patent in suit, could not be used as a reference against the patent in suit for double patenting purposes. Bristol-Myers Squibb Co. v. Pharmachemie, B.V., No. 01-3751(MLC) (D.N.J...

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