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BAYER PHARMA AG v. WATSON LABORATORIES, INC.

2016-2169.

874 F.3d 1316 (2017)

BAYER PHARMA AG, Bayer Intellectual Property GmbH, Bayer Healthcare Pharmaceuticals, Inc., Plaintiffs-Appellees v. WATSON LABORATORIES, INC., Actavis Pharma, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: November 1, 2017.

Attorney(s) appearing for the Case

DAVID I. BERL , Williams & Connolly LLP, Washington, DC, argued for plaintiffs-appellees. Also represented by BRUCE GENDERSON , DOV PHILIP GROSSMAN , AARON P. MAURER , ADAM LAWRENCE PERLMAN , THOMAS S. FLETCHER , GALINA I. FOMENKOVA.

WILLIAM M. JAY , Goodwin Procter LLP, Washington, DC, argued for defendants-appellants. Also represented by ELIZABETH HOLLAND , ROBERT V. CERWINSKI , BRIAN ROBINSON , New York, NY; DAVID ZIMMER , Boston, MA.

Before Lourie, Moore, and O'Malley, Circuit Judges.

Watson Laboratories, Inc. appeals the District of Delaware's final judgment holding Watson failed to prove by clear and convincing evidence that claims 9 and 11 of U.S. Patent No. 8,613,950 ("the '950 patent") would have been obvious. We hold the district court clearly erred in finding a skilled artisan would not have been...

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