Nos. 2013-1338, 2013-1346.

759 F.3d 1285 (2014)

ABBVIE DEUTSCHLAND GMBH & CO., KG, AbbVie Bioresearch Center, Inc., and AbbVie Biotechnology, Ltd., Plaintiffs-Appellants, v. JANSSEN BIOTECH, INC. and Centocor Biologics, LLC, Defendants-Appellees. Janssen Biotech, Inc., Plaintiff-Appellee, v. AbbVie Deutschland GmbH & Co., KG, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 1, 2014.

Attorney(s) appearing for the Case

William F. Lee , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for appellants. With him on the brief were Robert J. Gunther, Jr. , Jane M. Love , and Violetta Watson , of New York, N.Y.; William G. McElwain , Thomas G. Saunders , Rachel L. Weiner , and Matthew Guarnieri , of Washington, DC; and Arthur W. Coviello , of Palo Alto, CA. Of counsel was Mark C. Fleming , of Boston, MA.

Dianne B. Elderkin , Akin Gump Strauss Hauer & Feld LLP, of Philadelphia, PA, argued for appellees. With her on the brief were Barbara L. Mullin , Steven D. Maslowski , Angela Verrecchio , and Matthew A. Pearson ; and Emily C. Johnson , of Washington, DC.

James J. Kelley , Eli Lilly and Company, of Indianapolis, IN, for amicus curiae Eli Lilly and Company. With him on the brief were Ted J. Ebersole , Alexander Wilson , and Sanjay Jivraj. On the brief for amicus curiae Pfizer Inc. was Jeffrey J. Oelke , White and Case LLP, of New York, N.Y.

Oskar Liivak , Cornell Law School, of Ithaca, N.Y., for amicus curiae Professor Oskar Liivak.

Concurring opinion filed by Circuit Judge O'MALLEY.

LOURIE, Circuit Judge.

AbbVie Deutschland GmbH & Co., KG, AbbVie Bioresearch Center, Inc., and AbbVie Biotechnology Ltd. (formerly Abbott, collectively "AbbVie") appeal from the final judgments of the United States District Court for the District of Massachusetts in a patent infringement action and a patent interference action. In the infringement action, patent owner AbbVie sued Janssen Biotech, Inc. and Centocor Biologics, LLC (collectively "Centocor") for infringement...

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