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ANACOR PHARMACEUTICALS, INC. v. IANCU

2017-1947.

889 F.3d 1372 (2018)

ANACOR PHARMACEUTICALS, INC., Appellant v. Andrei IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: May 14, 2018.

Attorney(s) appearing for the Case

MICHAEL N. KENNEDY , Covington & Burling LLP, Washington, DC, argued for appellant. Also represented by EVAN SMITH KRYGOWSKI , ANDREA GAY REISTER .

SARAH E. CRAVEN , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by NATHAN K. KELLEY , THOMAS W. KRAUSE , LORE A. UNT .

JAMES CARMICHAEL , Carmichael IP, PLLC, Tysons, VA, for amicus curiae FlatWing Pharmaceuticals, LLC.

Before Reyna, Bryson, and Stoll, Circuit Judges.

This is an appeal from a decision of the Patent Trial and Appeal Board in an inter partes review proceeding. The Board held all of the claims of a patent owned by Anacor Pharmaceuticals, Inc., to be unpatentable for obviousness. Anacor has appealed with respect to only one of the rejected claims. We affirm.

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