Legal Opinion
Bayer Ag and Bayer Corporation v. Housey Pharmaceuticals, Inc.
Court of Appeals for the Federal Circuit
Decided August 22, 2003No. 02-1598PublishedCited by 40 opinions
1Opinion of the Court
DYK, Circuit Judge.
Housey Pharmaceuticals, Inc. (“Hous-ey”) appeals from the judgement of the United States District Court for the District of Delaware dismissing its counterclaim for infringement of United States Patent Nos. 4,980,281, 5,266,464, 5,688,655, and 5,877,007 for failure to state a claim. Because we conclude that infringement under 35 U.S.C. § 271(g) is limited to physical goods that were manufactured and does not include information generated by a patented process, and because the physical goods here (drug products) were not “manufactured” by a process claimed in the asserted…
2Cases cited18 opinions
- Paul v. DavisSupreme Court of the United States · 1976
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- Williams v. TaylorSupreme Court of the United States · 2000
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Carey v. SaffoldSupreme Court of the United States · 2002
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3Cited by40 opinions
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- Gerald N. Pellegrini v. Analog Devices, Inc.Court of Appeals for the Federal Circuit · 2004
- Forrester Environmental Services, Inc. v. Wheelabrator Technologies, Inc.Court of Appeals for the Federal Circuit · 2013
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