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BIOGEN MA v. JAPANESE FOUND. FOR CANCER RESEARCH

No. 2014-1525.

785 F.3d 648 (2015)

BIOGEN MA, INC., Plaintiff-Appellant v. JAPANESE FOUNDATION FOR CANCER RESEARCH, Bayer Pharma AG, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 7, 2015.

Attorney(s) appearing for the Case

Edward Anthony Figg , Rothwell, Figg, Ernst & Manbeck, P.C., Washington, DC, argued for plaintiff-appellant. Also represented by Daniel McCallum, Robert Danny Huntington, Seth Edward Cockrum; Claire Laporte, Donald Ross Ware, Foley Hoag LLP, Boston, MA.

S. Calvin Walden , Wilmer Cutler Pickering Hale and Dorr LLP, New York, N.Y., argued for defendant-appellee Japanese Foundation for Cancer Research. Also represented by Brittany Blueitt Amadi, Washington, DC; Nels Lippert, Tarter Krinsky & Drogin LLP, New York, N.Y.; Paula Joanne Estrada De Martin, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, New Orleans, LA.

David I. Berl , Williams & Connolly LLP, Washington, DC, argued for defendant-appellee Bayer Pharma AG. Also represented by Thomas S. Fletcher, David M. Krinsky, Bruce Genderson.

Before DYK, SCHALL, and CHEN, Circuit Judges.

Biogen MA, Inc. ("Biogen") brought suit in district court, pursuant to 35 U.S.C. § 146, to challenge an interference decision by the Patent Trial and Appeal Board ("PTAB" or the "Board"). The Board concluded that patent applicant Walter Fiers was estopped from establishing priority in Interference No. 105,939 (the "'939...

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