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NOVARTIS AG v. NOVEN PHARMACEUTICALS INC.

2016-1678 2016-1679.

853 F.3d 1289 (2017)

NOVARTIS AG, LTS Lohmann Therapie-Systeme AG, Appellants v. NOVEN PHARMACEUTICALS INC., Appellee

United States Court of Appeals, Federal Circuit.

Decided: April 4, 2017.

Attorney(s) appearing for the Case

CHARLOTTE JACOBSEN , Fitzpatrick, Cella, Harper & Scinto, New York, NY, argued for appellants. Also represented by NICHOLAS N. KALLAS , CHRISTOPHER EARL LOH , JARED LEVI STRINGHAM.

STEVEN J. LEE , Andrews Kurth Kenyon LLP, New York, NY, for appellee. Also represented by CHRISTOPHER JUSTIN COULSON , KULSOOM ZEHRA HASAN , MICHAEL K. LEVY.

FRANCES LYNCH , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor Michelle K. Lee. Also represented by NATHAN K. KELLEY , KAKOLI CAPRIHAN , SCOTT WEIDENFELLER.

Before Prost, Chief Judge, Wallach and Stoll, Circuit Judges.

The instant appeals concern inter partes reviews of U.S. Patent Nos. 6,316,023 ("the '023 patent") and 6,335,031 ("the '031 patent") (together, "the Patents-in-Suit"). In two separate final written decisions, the U.S. Patent and Trademark Office's ("USPTO") Patent Trial and Appeal Board ("PTAB") found that various claims...

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