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PRAXAIR DISTRIBUTION, INC. v. MALLINCKRODT HOSP.

2016-2616, 2016-2656.

890 F.3d 1024 (2018)

PRAXAIR DISTRIBUTION, INC., Appellant v. MALLINCKRODT HOSPITAL PRODUCTS IP LTD., Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: May 16, 2018.

Attorney(s) appearing for the Case

WILLIAM R. PETERSON , Morgan, Lewis & Bockius LLP, Houston, TX, argued for appellant. Also represented by SANJAY K. MURTHY , MICHAEL J. ABERNATHY , MARIA DOUKAS , Chicago, IL; JULIE S. GOLDEMBERG , Philadelphia, PA.

KENNETH G. SCHULER , Latham & Watkins LLP, Chicago, IL, argued for cross-appellant. Also represented by DAVID K. CALLAHAN , MARC NATHAN ZUBICK ; GABRIEL BELL , INGE OSMAN , JONATHAN M. STRANG , Washington, DC; ROBERT STEINBERG , Los Angeles, CA.

Opinion filed by Circuit Judge Newman, concurring in the judgment.

Praxair Distribution, Inc. ("Praxair") appeals from the inter partes review decision of the United States Patent and Trademark Office Patent Trial and Appeal Board ("the Board") holding claim 9 of U.S. Patent 8,846,112 (the "'112 patent") not unpatentable as obvious under 35 U.S.C. § 103 (2006).

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