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NOVARTIS AG v. TORRENT PHARMACEUTICALS LTD.

2016-1352.

853 F.3d 1316 (2017)

NOVARTIS AG, Mitsubishi Pharma Corp., Appellants, v. TORRENT PHARMACEUTICALS LIMITED, Apotex Inc., Mylan Pharmaceuticals Inc., Appellees

United States Court of Appeals, Federal Circuit.

Decided: April 12, 2017.

Attorney(s) appearing for the Case

ROBERT TRENCHARD , Gibson, Dunn & Crutcher LLP, New York, NY, argued for appellants. Appellant Novartis AG also represented by JANE M. LOVE ; MICHAEL A. VALEK , DALLAS, TX; ALEXANDER N. HARRIS , San Francisco, CA.

JOSEPH M. O'MALLEY, JR. , Paul Hastings LLP, New York, NY, for appellant Mitsubishi Pharma Corp. Also represented by ERIC WILLIAM DITTMANN .

TERESA STANEK REA , Crowell & Moring, LLP, Washington, DC, argued for appellees. Appellee Apotex Inc. also represented by VINCENT JOHN GALLUZZO ; JONATHAN M. LINDSAY , Irvine, CA.

MICHAEL K. LEVY , Andrews Kurth Kenyon LLP, New York, NY, for appellee Torrent Pharmaceuticals Limited.

SHANNON BLOODWORTH , Perkins Coie, LLP, Washington, DC, for appellee Mylan Pharmaceuticals Inc. Also represented by BRANDON MICHAEL WHITE ; DAN L. BAGATELL , Hanover, NH.

Before Taranto, Chen, and Stoll, Circuit Judges.

This is an appeal from the Final Written Decision of the United States Patent and Trademark Office, Patent Trial and Appeal Board (Board) in two consolidated inter partes review (IPR) proceedings of U.S. Patent No. 8,324,283 (the '283 patent), owned by Novartis AG and Mitsubishi Tanabe Pharma Corp. (collectively, Novartis...

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