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GENZYME THERAPEUTIC v. BIOMARIN PHARMACEUTICAL

2015-1720, 2015-1721.

825 F.3d 1360 (2016)

GENZYME THERAPEUTIC PRODUCTS LIMITED PARTNERSHIP, Appellant, v. BIOMARIN PHARMACEUTICAL INC., Appellee

United States Court of Appeals, Federal Circuit.

Decided: June 14, 2016.

Attorney(s) appearing for the Case

FILKO PRUGO , O'Melveny & Myers LLP, New York, NY, argued for appellant. Also represented by ANTON METLITSKY , MARGARET O'BOYLE , EBERLE SCHULTZ ; DEANNA MARIE RICE , Washington, DC; CHRISTINA A. L. SCHWARZ , Fitzpatrick, Cella, Harper & Scinto, New York, NY.

GERALD MYERS MURPHY, JR. , Birch Stewart Kolasch & Birch, LLP, Falls Church, VA, argued for appellee. Also represented by MARYANNE ARMSTRONG , LYNDE FAUN HERZBACH , EUGENE PEREZ .

BENJAMIN T. HICKMAN , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor Michelle K. Lee . Also represented by THOMAS W. KRAUSE , SCOTT WEIDENFELLER , FARHEENA YASMEEN RASHEED .

Before Moore, Bryson, and Reyna, Circuit Judges. Bryson, Circuit Judge.

This is an appeal from decisions of the Patent Trial and Appeal Board in two inter partes review proceedings. At the behest of petitioner Biomarin Pharmaceutical Inc. ("Biomarin"), the Board held various claims of two patents owned by Genzyme Therapeutics Products Limited Partnership ("Genzyme") to be unpatentable as...

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