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IN RE ETHICON, INC.

2015-1696.

844 F.3d 1344 (2017)

IN RE: ETHICON, INC., a Johnson & Johnson Company, Appellant.

United States Court of Appeals, Federal Circuit.

Decided: January 3, 2017.

Attorney(s) appearing for the Case

JOSEPH LUCCI , Baker & Hostetler LLP, Philadelphia, PA, argued for appellant. Also represented by JOHN FRANK MURPHY , CHARLIE C. LYU.

FARHEENA YASMEEN RASHEED , 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.

Dissenting opinion filed by Circuit Judge Newman.

Ethicon, Inc. ("Ethicon") appeals from the U.S. Patent and Trademark Office ("PTO") Patent Trial and Appeal Board's ("the Board's") decision in a merged inter partes reexamination affirming the examiner's obviousness rejection of claims 1-17 and 19-23 of U.S. Patent 7,591,844 ("the '844 patent"). See Boston Sci....

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