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Federal Courts -
Federal Circuit Court of Appeals - February 2 - February 3, 2006
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Medichem, S.A. v. Rolabo, S.L., 05-1179, 05-1248,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 3, 2006, Decided
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Overview: Interference-in-fact existed between patents for making allergy medication, as defendant's patent rendered obvious plaintiff's patent since it would have been obvious to add tertiary amine. Plaintiff was erroneously awarded priority, as value of non-inventor's notebook fell short of that necessary for it to corroborate reduction to practice date.
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