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Medichem, S.A. v. Rolabo, S.L.

353 F.3d 928 (2003)

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Medichem, S.A. v. Rolabo, S.L.

United States Court of Appeals for the Federal Circuit
353 F.3d 928 (2003)

Facts

An interference—i.e., a priority dispute between patentees claiming the same invention—arose between Medichem, S.A. (plaintiff) and Rolabo, S.L. (defendant) over a pharmaceutical patent. Medichem brought suit in the United States District Court for the Southern District of New York. Medichem alleged interference-in-fact under 35 U.S.C. § 291, which gave a patentee the right to initiate civil proceedings—as opposed to United States Patent and Trademark Office (PTO) proceedings—against the owner of an interfering patent. The court, treating Medichem’s invention as prior art in relation to Rolabo’s invention, determined that no interference-in-fact existed. Although the court gave priority to Medichem, Medichem appealed to the United States Court of Appeals for the Federal Circuit on the interference-in-fact issue.

Rule of Law

Issue

Holding and Reasoning (Gajarsa, J.)

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