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LEO PHARMACEUTICAL PRODUCTS, LTD. v. REA

No. 2012-1520.

726 F.3d 1346 (2013)

LEO PHARMACEUTICAL PRODUCTS, LTD., Appellant, v. Teresa Stanek REA, Acting Director, United States Patent and Trademark Office, Appellee.

United States Court of Appeals, Federal Circuit.

August 12, 2013.

Attorney(s) appearing for the Case

William E. Solander , Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for appellant. On the brief were Andrew D. Meikle , Leonard R. Svensson and Eugene T. Perez , Birch, Stewart, Kolasch & Birch, LLP, of Falls Church, VA.

Amy J. Nelson , Associate Solicitor, United States Patent & Trademark Office, of Alexandria, VA, argued for appellee. With her on the brief was Frances M. Lynch , Associate Solicitor. Of counsel was Nathan K. Kelley , Deputy Solicitor.

Before RADER, Chief Judge, O'MALLEY, and REYNA, Circuit Judges.

RADER, Chief Judge.

This appeal arises from an inter partes reexamination of U.S. Patent No. 6,753,013 (the '013 patent). The '013 patent is owned by Leo Pharmaceutical Products, Ltd. (Leo Pharmaceuticals) and challenged by third party requester Galderma R & D. While the "substantial evidence" standard of review for fact findings made by the Board of Patent Appeals and Interferences (Board)1 makes Leo Pharmaceutical's burden...

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