909 F.3d 1367 (2018)

NOVARTIS AG, Novartis Pharmaceuticals Corporation, Mitsubishi Tanabe Pharma Corporation, Mitsui Sugar Co. Ltd., Plaintiffs-Appellees v. EZRA VENTURES LLC, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: December 7, 2018.

Attorney(s) appearing for the Case

JANE M. LOVE , Gibson, Dunn & Crutcher LLP, New York, NY, argued for all plaintiffs-appellees. Plaintiffs-appellees Novartis AG, Novartis Pharmaceuticals Corporation also represented by ROBERT TRENCHARD; ALEXANDER N. HARRIS , San Francisco, CA; MICHAEL A. VALEK , Dallas, TX.

JOSEPH M. O'MALLEY, JR. , Paul Hastings LLP, New York, NY, for plaintiffs-appellees Mitsubishi Tanabe Pharma Corporation, Mitsui Sugar Co. Ltd. Also represented by ERIC WILLIAM DITTMANN .

SHASHANK UPADHYE , Amin Talati Upadhye LLP, Chicago, IL, argued for defendant-appellant. Also represented by BRENT ALLEN BATZER , JOSEPH CWIK , JONATHAN JACOB KRIT , YIXIN H. TANG .

Before Moore, Chen, and Hughes, Circuit Judges.


This case concerns the interplay between a patent term extension (PTE) granted pursuant to 35 U.S.C. § 156 and the obviousness-type double patenting doctrine. The Delaware District Court concluded that, in accordance with statutory construction principles and as a logical extension of this court's holding...

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