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ALTAIRE PHARMACEUTICALS v. PARAGON BIOTECK

2017-1487.

889 F.3d 1274 (2018)

ALTAIRE PHARMACEUTICALS, INC., Appellant v. PARAGON BIOTECK, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 2, 2018.

Attorney(s) appearing for the Case

CRAIG E. COUNTRYMAN , Fish & Richardson, PC, San Diego, CA, argued for appellant. Also represented by OLIVER RICHARDS ; CHARLES W. SABER , DIPU A. DOSHI , JONATHAN W.S. ENGLAND , MARK J. THRONSON , Blank Rome LLP, Washington, DC.

RICHARD TORCZON , Wilson, Sonsini, Goodrich & Rosati, PC, Washington, DC, argued for appellee. Also represented by MICHAEL T. ROSATO , ANDREW SWANSON BROWN , SONJA ROCHELLE GERRARD , STEVEN WILLIAM PARMELEE , Seattle, WA; DOUGLAS H. CARSTEN , San Diego, CA.

Dissenting opinion filed by Circuit Judge Schall.

Appellant Altaire Pharmaceuticals, Inc. ("Altaire") sought post-grant review of claims 1-13 ("the Asserted Claims") of Appellee Paragon Bioteck, Inc.'s ("Paragon") U.S. Patent No. 8,859,623 ("the '623 patent"). The U.S. Patent and Trademark Office's Patent Trial and Appeal Board ("PTAB") issued a final written decision determining...

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