MARK A. LEMLEY , Durie Tangri LLP, San Francisco, CA, for amicus curiae 42 Intellectual Property Professors. Also represented by ROBERT P. MERGES , Davis, CA.
LYNN CAMPBELL TYLER , Barnes & Thornburg LLP, Indianapolis, IN, for amicus curiae American Intellectual Property Law Association. Also represented by MARK L. WHITAKER , Morrison & Foerster LLP, Washington, DC.
JAMIE WISZ , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for amici curiae Pharmaceutical Research and Manufacturers of America, Biotechnology Innovation Organization. Also represented by ROBERT MANHAS , THOMAS SAUNDERS.
Before Dyk, Mayer, and O'Malley, Circuit Judges.
Dyk, Circuit Judge.
Helsinn Healthcare S.A. ("Helsinn") is the owner of the four patents-in-suit directed to intravenous formulations of palonosetron for reducing or reducing the likelihood of chemotherapy-induced nausea and vomiting ("CINV").
Helsinn brought suit against Teva Pharmaceuticals USA...
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