MARTEK BIOSCIENCES CORP. v. NUTRINOVA, INC.

Nos. 2008-1459, 2008-1476.

579 F.3d 1363 (2009)

MARTEK BIOSCIENCES CORPORATION, Plaintiff-Cross Appellant, v. NUTRINOVA, INC., Nutrinova Nutrition Specialties and Food Ingredients GMBH, and Lonza, Ltd., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

September 3, 2009.


Attorney(s) appearing for the Case

Gregory A. Castanias, Jones Day, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Gidon D. Stern, of New York, NY, and Samuel B. Abrams, Dechert LLP, of New York, NY.

George Pazuniak, Womble Carlyle Sandridge & Rice PLLC, of Wilmington, DE, argued for defendants-appellants. With him on the brief were Oleh V. Bilynsky, and Stephen J. MacKenzie.

Opinion for the court filed by Circuit Judge GAJARSA, in which Circuit Judges NEWMAN and MOORE join. Opinion dissenting in part filed by Circuit Judge LOURIE, in which Circuit Judge RADER joins.


GAJARSA, Circuit Judge.

In this patent infringement action, Nutrinova, Inc.; Nutrinova Nutrition Specialties and Food Ingredients GmbH; and Lonza, Ltd. (collectively "Lonza") appeal from the final judgment of the United States District Court for the District of Delaware that Lonza infringed certain specified claims of Martek's U.S. Patent Nos. 5,340,594 ("the '594 patent") and 6,410,281 ("the '281 patent"). See Martek...

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