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BRISTOL-MYERS SQUIBB v. TEVA PHARMACEUTICALS USA

No. 2013-1306.

752 F.3d 967 (2014)

BRISTOL-MYERS SQUIBB COMPANY, Plaintiff-Appellant, v. TEVA PHARMACEUTICALS USA, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 12, 2014.

Attorney(s) appearing for the Case

William F. Lee , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for plaintiff-appellant. With him on the brief were Lauren B. Fletcher and Andrew J. Danford ; Amy K. Wigmore and Thomas G. Saunders , of Washington, DC. Of counsel on the brief were Paul Berghoff , Alison J. Baldwin , and Joshua R. Rich , McDonnell Boehnen Hulbert & Berghoff LLP, of Chicago, IL.

George C. Lombardi , Winston & Strawn LLP, of Chicago, IL, argued for defendant-appellee. With him on the brief were Lynn MacDonald Ulrich , Ivan M. Poullaos , Julia Mano Johnson , and William P. Ferranti.

Before PROST, Chief Judge, PLAGER and CHEN, Circuit Judges.

CHEN, Circuit Judge.

This patent infringement case concerns a drug for the treatment of hepatitis B. After a four-day bench trial, the United States District Court for the District of Delaware found claim 8 of U.S. Patent No. 5,206,244 ('244 patent) invalid as obvious. We affirm the district court's invalidity judgment for the reasons that follow.

I.

Appellant Bristol-Myers Squibb Co. (BMS) owns the '244 patent. Claim 8 of the '244 patent is directed...

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