MEDICAL SCIENCE FOUNDATION v. GNOSIS S.P.A.

Nos. 2014-1778, 2014-1780, 2014-1781.

808 F.3d 823 (2015)

SOUTH ALABAMA MEDICAL SCIENCE FOUNDATION, Appellant v. GNOSIS S.P.A., Gnosis Bioresearch S.A., Gnosis U.S.A., Inc., Appellees

United States Court of Appeals, Federal Circuit.

Decided: December 17, 2015.


Attorney(s) appearing for the Case

Thomas J. Parker , Alston & Bird LLP, New York, N.Y. argued for appellant. Also represented by Jitendra Malik , Durham, NC; Kirk T. Bradley , Charlotte, NC; Peter Rogalskyj , Law Office of Peter Rogalskyj, Livonia, NY.

Joseph Cwik , Amin Talati & Upadhye, LLC, Chicago, IL argued for appellees. Also represented by Jonathan Jacob Krit , Amin Talati, LLC, Chicago, IL.

Opinion for the court filed by Circuit Judge HUGHES. Dissenting opinion filed by Circuit Judge NEWMAN.


This is a companion case to Merck & Cie v. Gnosis S.p.A., No. 14-1777, 808 F.3d 829, 2015 WL 9204017 (Fed.Cir. Dec. 17, 2015) (Gnosis I), also decided today. As Merck argued in that case, South Alabama Medical Science Foundation argues here that the prior art taught away...

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