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STORER v. CLARK

2015-1802.

860 F.3d 1340 (2017)

Richard STORER, Gilles Gosselin, Jean-Pierre Sommadossi, Paola Lacolla, Appellants v. Jeremy CLARK, Appellee. United States, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: June 21, 2017.

Attorney(s) appearing for the Case

GREGORY A. CASTANIAS , Jones Day, Washington, DC, argued for appellants. Also represented by JENNIFER LORAINE SWIZE ; ANTHONY M. INSOGNA , JOHN DAVID KINTON , San Diego, CA; THOMAS EUGENE FRIEBEL , New York, NY; CALVIN GRIFFITH , Cleveland, OH.

FRANK SCHERKENBACH , Fish & Richardson PC, Boston, MA argued for appellee. Also represented by JONATHAN ELLIOT SINGER , CRAIG E. COUNTRYMAN , W. CHAD SHEAR , San Diego, CA.

JOSEPH FORREST BUSA , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by MARK R. FREEMAN , BENJAMIN C. MIZER ; THOMAS W. KRAUSE , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Prost, Chief Judge, Newman, and Dyk, Circuit Judges.

This patent interference contest involves methods of treating hepatitis C by administering compounds having a specific chemical and stereochemical structure, based on the following foundation formula of a five-membered ring having the fluorine substituent in the 2'(down) position:

Storer Br. at 8....

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