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SANOFI-AVENTIS v. PFIZER INC.

No. 2012-1345.

733 F.3d 1364 (2013)

SANOFI-AVENTIS, Appellant, v. PFIZER INC., Appellee.

United States Court of Appeals, Federal Circuit.

November 5, 2013.

Attorney(s) appearing for the Case

Thomas J. Vetter , Lucas & Mercanti, LLP, of New York, NY, argued for appellant.

Z. Ying Li , Ropes & Gray, LLP, of New York, NY, argued for appellee. With her on the brief was James F. Haley, Jr.

Before NEWMAN, and LOURIE, Circuit Judges, and DAVIS, District Judge.

NEWMAN, Circuit Judge.

Sanofi-Aventis ("Sanofi") appeals the decision of the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences ("the Board"),2 awarding priority of invention to Pfizer Inc. ("Pfizer") based on the following interference count:

Count 3. The isolated protein of 6,268,480 claim 4; OR The isolated polynucleotide of 5,710,023 claim 1, selection (b) (an isolated...

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