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REGENERON PHARMACEUTICALS, INC. v. MERUS N.V.

2016-1346.

864 F.3d 1343 (2017)

REGENERON PHARMACEUTICALS, INC., Plaintiff-Appellant v. MERUS N.V., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 27, 2017.

Attorney(s) appearing for the Case

NEAL KUMAR KATYAL , Hogan Lovells US LLP, Washington, DC, argued for plaintiff-appellant. Also represented by CHRISTOPHER P. BORELLO , MICHAEL ENZO FURROW , BRENDAN M. O'MALLEY , ROBERT SETH SCHWARTZ , Fitzpatrick, Cella, Harper & Scinto, New York, NY.

PATRICIA A. CARSON , Kirkland & Ellis LLP, New York, NY, argued for defendant-appellee. Also represented by SAUNAK DESAI , AARON D. RESETARITS ; JOHN C. O'QUINN , Washington, DC; PETER B. SILVERMAN , Merus US, Inc., Cambridge, MA.

KEVIN EDWARD NOONAN , McDonnell, Boehnen, Hulbert & Berghoff, LLP, Chicago, IL, for Amicus Curiae Seven Chicago Patent Lawyers. Also represented by JEFFREY PALMER ARMSTRONG , AARON VINCENT GIN , JAMES LEE LOVSIN , JEREMY E. NOE , ANDREW W. WILLIAMS , DONALD LOUIS ZUHN, JR. ,

Dissenting opinion filed by Circuit Judge Newman.

Regeneron Pharmaceuticals, Inc. ("Regeneron") appeals from a final judgment of the district court holding U.S. Patent No. 8,502,018 ("'018 patent") unenforceable because of Regeneron's inequitable conduct during prosecution. Regeneron also appeals the district court's construction of several claim terms and determination of indefiniteness...

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