LOS ANGELES BIOMEDICAL RESEARCH v. ELI LILY AND CO.

2016-1518.

849 F.3d 1049 (2017)

LOS ANGELES BIOMEDICAL RESEARCH INSTITUTE AT HARBORUCLA MEDICAL CENTER, Appellant v. ELI LILLY AND COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 28, 2017.


Attorney(s) appearing for the Case

EWA M. DAVISON , Fenwick & West LLP, Seattle, WA, argued for appellant. Also represented by DAVID KEITH TELLEKSON , ELIZABETH B. HAGAN ; VIRGINIA KAY DeMARCHI , AMY HAYDEN , Mountain View, CA.

MARK J. FELDSTEIN , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for appellee. Also represented by JOSHUA GOLDBERG , YIEYIE YANG ; CHARLES E. LIPSEY , Reston, VA; MARK STEWART , Eli Lilly and Company, Indianapolis, IN.

Opinion concurring in part, dissenting from the judgment filed by Circuit Judge Newman.


Appellant Los Angeles Biomedical Research Institute at Harbor-UCLA Medical Center ("LAB") seeks review of a decision of the Patent Trial and Appeal Board holding all claims of U.S. Patent No. 8,133,903 ("the '903 patent") unpatentable as obvious. We vacate the Board's order and remand for further proceedings.

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