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BIODELIVERY SCIENCES v. AQUESTIVE THERAPEUTICS

2017-1265 2017-1266 2017-1268.

898 F.3d 1205 (2018)

BIODELIVERY SCIENCES INTERNATIONAL, INC., Appellant v. AQUESTIVE THERAPEUTICS, INC., fka MonoSol Rx, LLC, Appellee 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.

July 31, 2018.

Attorney(s) appearing for the Case

LEE CARL BROMBERG , McCarter & English, LLP, Boston, MA, argued for appellant. Also represented by ERIK PAUL BELT , KIA LYNN FREEMAN , WYLEY SAYRE PROCTOR , DEBORAH M. VERNON ; DANIELLE L. HERRITT , Womble Bond Dickinson (US) LLP, Boston, MA; CORA RENAE HOLT , HOWARD WARREN LEVINE , THOMAS JOHN SULLIVAN , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC; CHARLES E. LIPSEY , Reston, VA; JENNIFER SWAN , Palo Alto, CA.

JOHN LLOYD ABRAMIC , Steptoe & Johnson, LLP, Chicago, IL, argued for appellee. Also represented by CASSANDRA ADAMS , New York, NY; HAROLD FOX , JAMES FRANCIS HIBEY , GRETCHEN P. MILLER , Washington, DC; JAMIE LUCIA , San Francisco, CA.

MOLLY R. SILFEN , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by THOMAS W. KRAUSE , BENJAMIN T. HICKMAN.

Before Newman, Lourie, and Reyna, Circuit Judges.

ON MOTION

ORDER

BioDelivery Sciences International, Inc. ("BioDelivery") moves to remand this case to the Patent Trial and Appeal Board to consider non-instituted claims and non-instituted grounds in accordance with the Supreme Court's recent decision in SAS Institute, Inc. v. Iancu, ___ U.S. ___...

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