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NOVO NORDISK v. BIO-TECHNOLOGY GENERAL

No. 04-1581.

424 F.3d 1347 (2005)

NOVO NORDISK PHARMACEUTICALS, INC. and Novo Nordisk A/S, Plaintiffs-Appellants, v. BIO-TECHNOLOGY GENERAL CORP. and Teva Pharmaceuticals USA, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

October 5, 2005.

Attorney(s) appearing for the Case

Steven E. Lipman, Darby & Darby, P.C., of New York, New York, argued for plaintiffs-appellants. Of counsel were James Edward Hanft, Paul M. Zagar, Jay P. Lessler, Kevin L. Reiner, Robert Schaffer and Joseph R. Robinson.

John W. Bateman, Kenyon & Kenyon, of Washington, DC, argued for defendants-appellees. On the brief was Richard L. DeLucia, of New York, New York. Of counsel were Steven J. Lee, and Thomas J. Meloro, of New York, New York, and Kenneth R. Corsello, of Washington, DC.

Before SCHALL, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.

SCHALL, Circuit Judge.

Novo Nordisk Pharmaceuticals, Inc. and Novo Nordisk A/S (collectively, "Novo") appeal from the final judgment of the United States District Court for the District of Delaware in their suit for patent infringement against Bio-Technology General Corp. and Teva Pharmaceuticals USA, Inc. The district court held the two claims of Novo Nordisk A/S's U.S. Patent No. 5,633,352 ("the '352 patent") invalid by reason of anticipation under 35 U.S.C. §...

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