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PERRICONE v. MEDICIS PHARMACEUTICAL CORP.

Nos. 05-1022, 05-1023.

432 F.3d 1368 (2005)

Nicholas V. PERRICONE, M.D., Plaintiff-Appellant, v. MEDICIS PHARMACEUTICAL CORPORATION, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

December 20, 2005.

Attorney(s) appearing for the Case

Raphael V. Lupo, McDermott Will & Emery, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Charles R. Work, Mark G. Davis and David A. Spenard. Of counsel were Mary C. Chapin and Evan Parke.

William J. McNichol, Jr., Reed Smith LLP, of Philadelphia, Pennsylvania, argued for defendant-cross appellant. With him on the brief were Tracy Zurzolo Frisch, Maryellen Feehery and Heather A. Ritch. Of counsel was Charles L. Becker.

Before RADER, BRYSON, and LINN, Circuit Judges.

Opinion for the court filed by Circuit Judge RADER.

Concurring in part and dissenting in part opinion filed by Circuit Judge BRYSON.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the District of Connecticut, No. 3:99-CV-01820, determined that all of the asserted claims of Dr. Nicholas V. Perricone's U.S. Patent Nos. 5,409,693 (the '693 patent) and 5,574,063 (the '063 patent) are invalid and, as to the '693 patent,...

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