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MOMENTA PHARMACEUTICALS v. BRISTOL-MYERS SQUIBB CO.

2017-1694.

915 F.3d 764 (2019)

MOMENTA PHARMACEUTICALS, INC., Appellant v. BRISTOL-MYERS SQUIBB COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 7, 2019.

Attorney(s) appearing for the Case

DEANNE MAYNARD , Morrison & Foerster LLP, Washington, DC, argued for appellant. Also represented by SETH W. LLOYD , BRIAN ROBERT MATSUI , JOSEPH R. PALMORE ; BRIAN M. KRAMER , San Diego, CA.

CHRISTOPHER NEIL SIPES , Covington & Burling LLP, Washington, DC, argued for appellee. Also represented by BRADLEY KEITH ERVIN , MEGAN PATRICIA KEANE , GEORGE FRANK PAPPAS .

WILLIAM BARNETT SCHULTZ , Zuckerman Spaeder LLP, Washington, DC, for amicus curiae Association for Accessible Medicines. Also represented by CARLOS T. ANGULO , JEREMY KREISBERG .

BRIAN MATTHEW BOYNTON , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for amici curiae Pharmaceutical Research and Manufacturers of America, Biotechnology Innovation Organization. Also represented by CHRISTOPHER ASTA , THOMAS SAUNDERS .

Before Newman, Dyk, and Chen, Circuit Judges.

Momenta Pharmaceuticals, Inc. ("Momenta") appeals the decision of the Patent Trial and Appeal Board ("PTAB" or "Board") sustaining patentability of claims 1 through 15 (all the claims) of United States Patent No. 8,476,239 ("the '239 Patent") owned by Bristol-Myers Squibb Company ("BMS").1 The...

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