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FLH Attorneys Prevail on Federal Circuit
Appeal in Section 291 Judicial Interference


On December 23, 2003, the U.S. Court of Appeals for the Federal Circuit issued a decision in favor of FLH client Medichem, S.A. The Federal Circuit's decision vacated a district court's determination of no interference between Medichem's patent and defendant Rolabo, S.L.'s patent, both of which claim processes for making loratadine, the active ingredient in the popular allergy medication Claritin. The Federal Circuit held that the district court had misapplied the two-way patentability test used to determine interference and reversed the district court's conclusion that Rolabo's patent was neither anticipated by nor obvious in view of Medichem's patent. The Federal Circuit held that Medichem's claims anticipated Rolabo's claims, thereby satisfying one leg of the two-way test and remanded the case to the district court for further analysis under the second leg of the test.

FLH attorneys Barry White, Jim Stronski, Tedd Van Buskirk and John Taylor represent Medichem. The case has been reported as Medichem, S.A. v. Rolabo, S.L., 353 F.3d 928 (Fed. Cir. 2003).


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