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MERCK SHARP & DOHME CORP. v. HOSPIRA, INC.

2017-1115.

874 F.3d 724 (2017)

MERCK SHARP & DOHME CORP., Plaintiff-Appellant v. HOSPIRA, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 26, 2017.

Attorney(s) appearing for the Case

JESSICA LYNN ELLSWORTH , Hogan Lovells US LLP, Washington, DC, argued for plaintiff-appellant. Also represented by CATHERINE EMILY STETSON ; JOSEPH D. ENG , TONY VALENTINE PEZZANO , MICHAEL P. DOUGHERTY , NITYA ANAND , New York, NY; GERARD M. DEVLIN, JR. , ALYSIA A. FINNEGAN , RAYNARD YURO , Merck & Co., Inc., Rahway, NJ.

THOMAS J. MELORO , Willkie Farr & Gallagher LLP, New York, NY, argued for defendant-appellee. Also represented by MICHAEL JOHNSON.

Dissenting opinion filed by Circuit Judge Newman.

Merck Sharp & Dohme Corp. ("Merck") appeals from the decision of the United States District Court for the District of Delaware concluding, after a bench trial, that claims 21-34 ("the asserted claims") of U.S. Patent 6,486,150 ("the '150 patent") are invalid under 35 U.S.C. § 103 (2006). See Merck Sharp & Dohme...

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