Fred Bartlit Wins Two Key Federal Circuit Victories

August 2002

On August 9 and August 14, 2002, the Federal Circuit issued two separate opinions in different cases that favored the pharmaceutical companies Bayer AG and Bayer Corporation in connection with its patent on the antibiotic Cipro.  Bartlit Beck represented Bayer in both appeals.  On August 9, 2002, the Federal Circuit affirmed the validity of the patent on Cipro, in a treatise on the law on the best mode requirement of 35 U.S.C. ยง 112.  On August 14, 2002, the Federal Circuit affirmed the decision of the lower court as to the expiration date of the patent on Cipro.  In both cases, Bartlit Beck had obtained favorable summary judgment in the lower court.  Fred Bartlit argued both cases in the Federal Circuit.

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Bayer v. Schein Opinion
Bayer v. Carlsbad Opinion