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OREXO AB v. ACTAVIS ELIZABETH LLC

2017-1333.

903 F.3d 1265 (2018)

OREXO AB, Orexo US Inc., Plaintiffs-Appellants v. ACTAVIS ELIZABETH LLC, Defendant-Appellee

United States Court of Appeals, Federal Circuit.

Decided: September 10, 2018.

Attorney(s) appearing for the Case

ERROL TAYLOR , Milbank, Tweed, Hadley & McCloy, LLP, New York, NY, argued for plaintiffs-appellants. Also represented by ANNA BROOK , JORDAN P. MARKHAM , FREDRICK ZULLOW .

GEORGE C. LOMBARDI , Winston & Strawn LLP, Chicago, IL, argued for defendant-appellee. Also represented by TYLER JOHANNES , MICHAEL KEENAN NUTTER , IVAN MICHAEL POULLAOS ; GEOFFREY P. EATON , Washington, DC.

Before Newman, Hughes, and Stoll, Circuit Judges.

Orexo AB and Orexo US Inc. (collectively "Orexo") appeal the decision of the United States District Court for the District of Delaware, holding claims 1, 3-6, and 8-10 of U.S. Patent No. 8,940,330 ("the '330 Patent") invalid on the ground of obviousness.1 The '330 Patent, entitled "Abuse-Resistant...

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