PHIGENIX, INC. v. IMMUNOGEN, INC.

2016-1544.

845 F.3d 1168 (2017)

PHIGENIX, INC., Appellant v. IMMUNOGEN, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: January 9, 2017.


Attorney(s) appearing for the Case

GREGORY LAWRENCE PORTER , Andrews Kurth Kenyon LLP, Houston, TX, argued for appellant. Also represented by ROBERT ALAN GUTKIN , PING WANG , MICHAEL YE , Washington, DC.

ELDORA ELLISON , Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for appellee. Also represented by OLGA A. PARTINGTON , PAULINE PELLETIER , BYRON LEROY PICKARD , ERIC K. STEFFE.

Before Dyk, Wallach, and Hughes, Circuit Judges.


Appellant Phigenix, Inc. ("Phigenix") sought inter partes review of U.S. Patent No. 8,337,856 ("the '856 patent"), alleging that claims 1-8 ("the Asserted Claims") of the subject patent are unpatentable as obvious over various prior art references. In its final written decision, the U.S. Patent and Trademark Office's ("USPTO...

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